decision which has been under a stop work order since October 2023

Summary

A letter dated March 26, 2024 from the HHS Office of the General Counsel to the U.S. Government Accountability Office, giving Agency Notice of Corrective Action and Request for Dismissal in the Protest of String King Lacrosse, LLC (B-420935.11). The letter cites that protest and a related Court of Federal Claims case, AirBoss Defense Group, LLC v United States, No. 24-cv-00365, and states that the Administration for Strategic Preparedness and Response has determined corrective action is warranted. The agency says it intends to cancel RFP No. 75A50322R00008, terminate Contract No. 75A50323C00013, under a stop work order since October 2023, and review its requirement for isolation gowns, including shelf-life considerations. It asks GAO to dismiss the protests as academic and to suspend the Agency Report deadline.

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Full text

                                                                        Office of the General Counsel
       DEPARTMENT OF HEALTH & HUMAN SERVICES                            General Law Division



                                                                        330 Independence Ave., SW
                                                                        Room 4760 - Wilbur J. Cohen Building
                                                                        Washington, DC 20201


March 26, 2024

Via Electronic Filing – GAO EPDS

Michael Price, Esquire
U.S. Government Accountability Office
Procurement Law Control Group
441 G Street, N.W.
Washington, D.C. 20548

Re:    Protest of String King Lacrosse, LLC (B-420935.11)
       Agency Notice of Corrective Action and Request for Dismissal

Dear Mr. Price:

        In light of the subject protest filed by String King Lacrosse, LLC and related protest
before the United States Court of Federal Claims: AirBoss Defense Group, LLC v United States,
No. 24-cv-00365, the Department of Health and Human Services, Administration for Strategic
Preparedness and Response (the “Agency”) has determined that corrective action is warranted.
Accordingly, the Agency intends to take the following corrective action:

       1. Cancel RFP No. 75A50322R00008;

       2. Terminate Contract No. 75A50323C00013, the award made under the prior award
          decision which has been under a stop work order since October 2023;

       3. Review and reconsider the Agency’s requirement for isolation gowns, to include
          shelf-life considerations, which may include additional or updated market research
          and a new or revised acquisition plan for a new solicitation; and

       4. Take other actions, as deemed necessary and appropriate by the Agency.

In light of this timely Notice of Corrective Action, the Agency requests that GAO dismiss the
above-referenced protests as academic. Additionally, the Agency respectfully requests
suspension of the deadline to submit the Agency Report.

                                                    Respectfully submitted,

                                                    /s/ Megan R. Nathan
                                                    /s/ Anthony E. Marrone
                                                    /s/ Robin Ray Coll
                                                    Agency Counsel
                                                    HHS Office of the General Counsel


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