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B-310801.6,B-310801.7,B-31080.10 1 (2008-10-06)

handle is hein.gao/gaobadoxl0001 and id is 1 raw text is: 


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                         G  A  0Comptroller General
.im     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-310801.6; B-310801.7; B-310801.10

           Date:       October 6, 2008

           W. Jay DeVecchio, Esq., Kevin C. Dwyer, Esq., Edward Jackson, Esq., Daniel E.
           Chudd, Esq., and Damien C. Specht, Esq., Jenner & Block LLP, for the protester.
           David T. Ralston, Jr., Esq., Philip A. Nacke, Esq., and Frank S. Murray, Esq., Foley &
           Lardner LLP, for Pinnacle Business Solutions, Inc., the intervenor.
           Anthony E. Marrone, Esq., and Jamie B. Insley, Esq., Department of Health & Human
           Services, for the agency.
           Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           Protest is sustained where agency treated offerors disparately in the conduct of
           discussions and the evaluation record does not support the source selection
           authority's findings of significant discriminators among competing proposals.
           DECISION

           TrailBlazer Health Enterprises, LLC protests the award of a contract to Pinnacle
           Business Solutions, Inc., under request for proposals (RFP) No. RFP-CMS-2007-0002
           issued by the Department of Health & Human Services, Centers for Medicare and
           Medicaid Services, for the administration of Medicare claims.

           We sustain the protest.

           The RFP provided for the award of a cost-plus-award-fee contract for the combined
           administration of Part A and Part B Medicare fee-for-service claims to a Medicare
           Administrative Contractor (MAC). The MAC is to provide claims processing,
           payment, and other administrative services for Jurisdiction 7, which consists of
           Arkansas, Louisiana, and Mississippi. RFP §§ B.1, B.2. The contract included a
           12-month implementation period, a 9-month base period, four 1-year option
           periods, and a 6-month period for outgoing contractor workload transition
           activities. Id. § F.2.

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