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B-406175,B-406175.2 1 (2012-03-01)

handle is hein.gao/gaobadoqp0001 and id is 1 raw text is: 




G              A                                                        Comptroller 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.
                                                      L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .--

           Decision

           Matter of: TrailBlazer Health Enterprises, LLC

           File:       B-406175; B-406175.2

           Date:       March 1, 2012

           Kevin C. Dwyer, Esq., W. Jay DeVecchio, Esq., Daniel E. Chudd, Esq., Edward
           Jackson, Esq., Jennifer L. Dlugosz, Esq., and Zoila E. Hinson, Esq., Jenner & Block
           LLP, for the protester.
           Daniel P. Graham, Esq., Paul F. Khoury, Esq., Kathryn Bucher, Esq., Brian G. Walsh,
           Esq., Tracye Winfrey Howard, Esq., Tara L. Ward, Esq., Craig Smith, Esq., and
           Katherine Rose McDonald, Esq., Wiley Rein LLP, for Highmark Medicare Services,
           Inc., an intervenor.
           Jeffri Pierre, Esq. and Anthony E. Marrone, Esq., Department of Health and Human
           Services, for the agency.
           Louis A. Chiarella, Esq., and David A. Ashen, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           1. Protest challenging agency's cost realism evaluation of protester's proposal is
           denied where the record demonstrates that agency's conclusions were reasonable.

           2. Protest that contracting agency improperly evaluated offerors' technical
           proposals is denied where the record shows that the evaluation was reasonable and
           consistent with the stated evaluation criteria.

           3. Protest challenging the agency's failure to take awardee's divestiture from its
           parent company into account as part of the technical and cost evaluations is denied
           where, at the time of contract award, the divestiture had not occurred and was only
           one possible response to an apparent organizational conflict of interest.
           DECISION

           TrailBlazer Health Enterprises, LLC, of Dallas, Texas, protests the award of a
           contract to Highmark Medicare Services, Inc. (HMS), of Camp Hill, Pennsylvania,
           under request for proposals (RFP) No. CMS-RFP-2011-0005, issued by the
           Department of Health and Human Services, Centers for Medicare and Medicaid
           Services (CMS), to obtain a Medicare Administrative Contractor (MAC) to provide
           certain health insurance benefit administrative services. The protester asserts that

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