Special Notice.docx

SUBJECT: Notification of COFC Bid Protests, MHS EITS Geographic Service Provider (GSP) under Solicitation No. HT001522R0030

1. On July 13, 2023, unsuccessful offeror AccelGov, LLC filed a bid protest action at the U.S. Court of Federal Claims (COFC), challenging the Defense Health Agency’s (Agency) award of MHS EITS Geographic Service Provider (GSP) contracts under Solicitation No. HT001522R0030. On July 18, 2023, unsuccessful offeror Syneren Technologies Corporation also filed a COFC bid protest. The relevant details are as follows:

2. The Agency has agreed to voluntarily stay performance until December 15, 2023, or until resolution of all pending bid protests, whichever occurs earlier. The Agency’s voluntary stay may be extended as circumstances require.

3. Pursuant to Executive Order No. 12,979, Agency Procurement Protests, the purpose of the agency procurement protest process is “to ensure effective and efficient expenditure of public funds and fair and expeditious resolution of protests to the award of Federal procurement contracts.” Agency Procurement Protests, 60 Fed. Reg. 55,171, Oct. 27, 1995. These goals are reflected in the agency-level protest procedures set forth in FAR section 33.103, Protests to the agency. See FAR 33.103(c) (“The agency should provide for inexpensive, informal, procedurally simple, and expeditious resolution of protests.”). Specifically, the agency-level protest procedures in FAR 33.103 were established to “resolve agency protests effectively, to build confidence in the Government’s acquisition system, and to reduce protests outside of the agency.” FAR 33.103(d) (emphasis added).

To be considered timely, an agency-level protest based on something other than alleged apparent solicitation improprieties must be filed no later than 10 days after the basis of protest is known or should have been known, whichever is earlier. The agency, for good cause shown, or where it determines that a protest raises issues significant to the agency’s acquisition system, may consider the merits of any protest which is not timely filed. FAR 33.103(e).

In accordance with FAR 33.103(g), the Agency shall make its best efforts to resolve an agency protest within 35 days after the protest is filed. Additionally, to the extent permitted by law and regulation, the parties may exchange relevant information. FAR 33.103(g)

4. This Special Notice is intended to provide interested parties with information. No response is required.

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