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B-402751,B-402751.2 1 (2010-07-20)

handle is hein.gao/gaobadbkl0001 and id is 1 raw text is: G A 0Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: TrailBlazer Health Enterprises, LLC File: B-402751; B-402751.2 Date: July 20, 2010 W. Jay DeVecchio, Esq., Kevin C. Dwyer, Esq., and Michael W. Khoo, Esq., Jenner & Block LLP, for the protester. Daniel P. Graham, Esq., Kathryn Bucher, Esq., and Brian G. Walsh, Esq., Wiley Rein LLP, for Highmark Medical Services, Inc., the intervenor. Douglas Kornreich, Esq., Centers for Medicare and Medicaid Services, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that agency's evaluation of awardee's proposal was inconsistent with terms of request for proposals (RFP) is denied. While RFP required offerors to submit proposals using specific workload assumptions set forth in the RFP, and awardee in fact submitted its proposal based on the mandated assumptions, the RFP also provided that the agency would evaluate offerors' proposed innovations in performing the work. Thus, the agency properly considered the innovations proposed by the awardee, their impact on the workload assumptions, and reasonably concluded that the awardee would be able to perform with lower staffing levels than would otherwise be required. DECISION TrailBlazer Health Enterprises, LLC, of Dallas, Texas, protests the award of a contract to Highmark Medical Services, Inc., of Camp Hill, Pennsylvania, under request for proposals (RFP) No. RFP-CMS-2009-0022, issued by the Department of Health and Human Services (HHS), Centers for Medicare and Medicaid Services (CMS), for administration services under Section 1011 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Pub. L. No. 108-173), Federal Reimbursement of Emergency Health Services Furnished to Undocument Aliens, which requires CMS to pay hospitals and other healthcare provides for costs associated with furnishing emergency healthcare services to undocumented or other specified aliens. TrailBlazer, the incumbent contractor, argues that the agency's

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