Harris Patriot Healthcare Solutions, LLC v. United States

95 Fed. Cl. 585, 2010 U.S. Claims LEXIS 930, 2010 WL 5079460
CourtUnited States Court of Federal Claims
DecidedDecember 2, 2010
DocketNo. 10-708 C
StatusPublished
Cited by13 cases

This text of 95 Fed. Cl. 585 (Harris Patriot Healthcare Solutions, LLC v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris Patriot Healthcare Solutions, LLC v. United States, 95 Fed. Cl. 585, 2010 U.S. Claims LEXIS 930, 2010 WL 5079460 (uscfc 2010).

Opinion

OPINION AND ORDER

GEORGE W. MILLER, Judge.

In this post-award bid protest, plaintiff Harris Patriot Healthcare Solutions, LLC (“Harris”) filed its complaint on October 18, 2010, protesting defendant’s failure to immediately comply with the automatic stay imposed by the Competition in Contracting Act (“CICA”), 31 U.S.C. § 3553(d) (2006). Plaintiff sought to enjoin the Department of the Interior (“DOI”) from permitting defendant-intervenor Stanley Associates, Inc. (“Stanley”) to continue work on an awarded task order. Compl. ¶ 1 (docket entry 1, Oct. 18, 2010). One day after this action was commenced, DOI implemented the CICA stay by issuing a stop-work order to Stanley. Defendant filed a motion to dismiss plaintiffs complaint on October 27, 2010 on mootness grounds. Defendant’s Motion to Dismiss and Opposition to Plaintiffs Application for a Temporary Restraining Order and Motion for a Preliminary Injunction (docket entry 30, Oct. 27, 2010) (“Def.’s Mot.”). After defendant filed its motion to dismiss, DOI decided to take corrective action in response to Harris’s protest filed October 4, 2010 at the Government Accountability Office (“GAO”). As a result, GAO dismissed Harris’s protest as academic on November 2, 2010.

At this time, the parties tentatively agreed that defendant’s actions had rendered plaintiffs action moot. During discussions on filing a stipulation of dismissal, defendant clarified that, during the pendency of the corrective action, DOI would not permit Stanley to perform work under the protested task order; however, DOI would not forfeit the ability to have Stanley or another company perform work covered by the task order using a different contractual vehicle in order “to meet its immediate and short term needs.” Transcript of November 12, 2010 Hearing at 8 (docket entry 49, filed Nov. 16, 2010) (“Nov. 12 Tr.”). Unsatisfied that DOI had reserved the right to have work covered by the task order performed in the future to meet “immediate and necessary needs,” id. at 14, Harris announced that it contended the case was not moot. See Transcript of October 29, 2010 Status Conference at 12-13 (docket entry 40, filed Nov. 4, 2010) (“Oct. 29 Tr.”); Plaintiffs Response to Defendant and Defendant-Intervenor’s Motions to Dismiss and Supplemental Memorandum in Support of Motion for Preliminary Injunction at 1 (docket entry 46, Nov. 10, 2010) (“PL’s Resp.”).

On November 3, 2010, defendant filed a renewed motion to dismiss, again contending that the action was moot. Defendant’s Renewed Motion to Dismiss (docket entry 34) (“Def.’s Renewed Mot.”). Stanley also filed a motion to dismiss on mootness and ripeness grounds. Stanley’s Motion to Dismiss (docket entries 35 & 36, Nov. 3, 2010) (“Stanley’s [588]*588Mot.”). The parties participated in a hearing on these motions on November 12, 2010. For the reasons set forth below, defendant’s renewed motion to dismiss and defendant intervenor’s motion to dismiss are GRANTED.1

I. Background

A. The CONNECT System Follow-On Contract

Harris was awarded a contract in 2008 by the Acquisition Services Directorate (“AQD”), a part of the DOI, for the development and maintenance of the CONNECT software system.2 Compl. ¶ 6; PL’s Mem. at 3. The CONNECT software system is an inter-agency federal initiative linking the Government, healthcare providers, and hospitals in the development of “an open source software solution that supports health information exchange,” and creation of “standards and governance to make sure that health information exchanges are compatible with other exchanges being set up throughout the country.” CONNECT Community Portal, What is CONNECT?, http.V/www.connect opensource.org/about/whalHS-CONNECT (rev.2010).

Harris’s contract was set to expire in March 2010, but DOI issued a sole-source bridge contract extending Harris’s contract until September 24, 2010. Declaration of Tony Galluscio ¶ 8 (docket entry 10, Oct. 18, 2010) (“Galluscio Deck”). This bridge contract permitted Hams to continue work on the CONNECT system pending a competition for the CONNECT follow-on contract. Sole-Source Bridge Request for Quote (“RFQ”) at 1, attached as Ex. 1 to PL’s Mem.; Galluscio Decl. ¶ 9; Def.’s Mot. at 2.3 DOI issued a request for quotation on August 11, 2010, “to continue the ongoing development of CONNECT.” Follow-On RFQ Statement of Work (“SOW”) at 1, attached as Ex. 4 to PL’s Mem.4 The task order award was to be made on a best value basis to an awardee that would be responsible for the continued “development of the CONNECT solution to adhere to standards and to meet the business needs of the Federal partners for health information exchanges.” Follow-On RFQ SOW at 3.

B. Award to Stanley and Harris’s Request for Debriefing

DOI received two quotations, one from Harris and one from Stanley. Award Notice at 1, attached as Ex. 5 to PL’s Mem. Although Harris’s quote was nearly [* * *] less than Stanley’s, “Harris’s technical quote [589]*589was not rated as highly as Stanley Associates’ technical quote.” Basis for Award Decision at 2, attached as Ex. 10 to Pl.’s Mem. Thus, DOI determined that Stanley’s proposal offered the best value to the Government “due to its higher technical [rating] and slightly higher price” and awarded the task order to Stanley on September 24, 2010. Id. Harris requested a debriefing. In response, the DOI sent Harris a two-page letter on October 4, explaining that Harris was not selected despite its lower price because of Stanley’s superior technical rating.5 Basis for Award Decision at 1-2.

C. Transition Work

Meanwhile, on the day of the award to Stanley, which was also the day Harris’s bridge contract was set to expire, DOI advised Harris that it wished to “extend [Harris’s bridge contract] for 60 days for transition” to Stanley. Administrative Record (“AR”) Tab 1 at 1 (docket entry 29, Oct. 27, 2010) (E-mail from Shelita Saint-Louis of AQD to Harris (Sept. 24, 2010, 7:26 PM)); Id. at 2-8 (Bridge Transition SOW); Gallus-eio Deck ¶ 15. DOI provided Harris with a statement of work that charged Harris with, “developing an effective transition plan” to Stanley and continuing operation of the CONNECT system during the transition period. AR Tab 1 at 2-3.

DOI required Harris to submit a transition plan proposal within two working days, or “no later than Monday, September 27 at 3:00 PM EST.” AR Tab 1 at 1. On September 27, Harris wrote to the agency requesting a three-day extension, until “close of business Friday October 01, 2010.” AR Tab 2 at 9 (Letter from Vance Rowland of Harris to Shelita Saint-Louis of AQD (Sept. 27, 2010)). The contracting officer granted Harris an extension until September 28, but explained that no further extension would be granted because DOI wanted to use Fiscal Year 2010 money to fund the transition contract.6 AR Tab 2 at 10 (E-mail from Shelita Saint — Louis of AQD to Harris (Sept. 27, 2010, 4:19 PM)).

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95 Fed. Cl. 585, 2010 U.S. Claims LEXIS 930, 2010 WL 5079460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-patriot-healthcare-solutions-llc-v-united-states-uscfc-2010.