Protests filed by entities not represented by counsel will be addressed in a separate, forthcoming decision, Patton added.ĬIO-SP4 is the fourth iteration of a contract vehicle for acquiring commoditized IT products and specialized services that has been dogged by pre-award protests since the agency first requested proposals in May 2021. It addressed protests by entities represented by outside counsel who were eligible for a protective order. The decision was issued under a protective order because it “may contain proprietary and source selection sensitive information,” according to Patton.

GAO denied remaining arguments the protesters raised, which included challenges to other aspects of the evaluations and untimely challenges, he said. Patton also said the GAO found the agency “unreasonably evaluated specific aspects” of a phase one proposal from Sky Solutions LLC.

“GAO recommended that the agency reevaluate proposals consistent with the decision, and make new determinations of which proposals advance past phase 1 of the competition based on the results of these new evaluations,” Patton said, echoing previous statements from the organization.

Patton said the agency’s decision to not advance those proposals was “flawed”, citing NIH’s inability to show that it both reasonably evaluated phase one proposals and determined which would move on to the next stages of the competition.

In a Thursday statement, managing associate general counsel for procurement law at GAO Kenneth E. The Government Accountability Office sustained 98 legal challenges to National Institutes of Health’s embattled solicitation, CIO-SP4, concluding that the agency “unreasonably failed” to advance proposals by 64 entities past the first phase on their evaluation.

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