441 G St. N.W.
Washington, DC 20548
Comptroller General
of the United States
Decision
Matter of:
Arch Systems, LLC; Visual Connections, LLC; Analytica LLC; Anika
Systems, Inc.; VSolvit LLC
File:
B-413104.11; B-413104.12; B-413104.13; B-413104.14; B-413104.15
Date:
April 28, 2017
DECISION
Arch Systems, LLC, of Baltimore, Maryland; Visual Connections, LLC, of Windsor Mill,
Maryland; Analytica LLC, of Washington, DC; Anika Systems, Inc., of Leesburg,
Virginia; and VSolvit LLC, of Sonora, California, each challenges the non-selection of its
proposal for award of a contract by the Department of Health and Human Services,
National Institutes of Health (NIH), under request for proposals (RFP) No.
NIHJT2016015, for information technology (IT) supplies and services. The protesters
challenge the evaluation of their proposals during phase 2 of the evaluation and/or the
selection decision.
We dismiss the protests based on the corrective action being taken by the agency that
renders the protests academic.
Prior to the due date for filing a report in response to each of the protests, the agency
advised our Office that it would take corrective action by (1) re-evaluating proposals that
were determined to be “Acceptable” under phase 1 of the proposal evaluations; 1 (2) reevaluate proposals that were determined to be “Unacceptable” in phase 1 of the
proposal evaluations solely under factor 2, subfactor 1, domain-specific capability in a
health-related mission; (3) conduct and document a best value trade-off analysis and
make a new source selection decision based upon the re-evaluation of proposals; (4)
notify offerors of the results of the new source selection decision; and (5) make new
awards and/or reaffirm some or all of the previous awards depending upon the outcome
of the new source selection decision. In addition to completing the specific actions
above, the agency also advised that it reserves the right to correct any additional errors
1
The protesters’ proposals were all determined to be “Acceptable” under phase 1 of the
proposal evaluations.
or deficiencies (if any) in the procurement process and/or record that are discovered
during the agency’s implementation of the proposed corrective action plan.
The jurisdiction of our Office is established by the bid protest provisions of the
Competition in Contracting Act of 1984, 31 U.S.C. §§ 3551-3556. Our role in resolving
bid protests is to ensure that the statutory requirements for full and open competition
are met. Pacific Photocopy and Research Servs., B-278698, B-278698.3, Mar. 4, 1998,
98-1 CPD ¶ 69 at 4.
The proposed corrective action renders the protesters’ protests academic. We do not
consider academic protests. Dyna-Air Eng’g Corp., B-278037, Nov. 7, 1997, 97-2 CPD
¶ 132.
The protests are dismissed.
Susan A. Poling
General Counsel
Page 2
B-413104.11 et al.