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B-291637.2 1 (2003-04-10)

handle is hein.gao/gaobacyhh0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting 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: Kathpal Technologies, Inc. File: B-291637.2 Date: April 10, 2003 Robert M. Nutt, Esq., for the protester. Douglas Kornreich, Esq., Centers for Medicare & Medicaid Services, for the agency. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency properly considered adverse past performance information in evaluating protester's proposal, even though the information had not been formally recorded during performance, where agency specifically identified adverse comments and provided protester an opportunity to respond during discussions. 2. Evaluation of protester's past performance at level below highest possible ratings under the applicable criteria was unobjectionable where record establishes that agency followed stated evaluation criteria and rating had a reasonable basis. DECISION Kathpal Technologies, Inc. (KTI) protests the failure to award it a contract under request for proposals (RFP) No. CMS-02-0003 issued by the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services, for consulting services. KTI challenges the agency's evaluation of its technical proposal under the past performance factor.' We deny the protest. The RFP sought proposals to provide a broad range of consulting services to support CMS and its 10 regional offices in the areas of analyzing management or operating 'For award purposes, the requirements were divided into two bundles. KTI only submitted a proposal for one bundle and does not directly challenge the awards to the successful contractors.

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