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B-292856 1 (2003-12-09)

handle is hein.gao/gaobacymy0001 and id is 1 raw text is: I G A 0Comptroller General ... .Accountability * Integrity Reliability of the United States United States General Accounting Office Washington, DC 20548 D .. Decision Matter of: Immediate Systems Resources, Inc. File: B-292856 Date: December 9, 2003 Michael A. Stover, Esq., Whiteford Taylor & Preston, for the protester. Jeffri Pierre, Esq., Department of Health and Human Services, for the agency. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly rejected protester's best and final offer as late where the record shows that the proposal was not under government control prior to the time set for the receipt of proposals. DECISION Immediate Systems Resources, Inc. protests the rejection of its proposal under request for proposals (RFP) No. CMS-HPMS-03, issued by the Department of Health and Human Services (HHS), Centers for Medicare and Medicaid Services (CMS), to develop, maintain and support the implementation of the Health Plan Management System (HPMS) and its software modules. We deny the protest. The RFP contemplated the award of a time-and-materials type contract for a base year with 4 option years. The RFP included a street address and mail stop number for delivery of offers in Block 7, and, in Block 9, included the following language: Sealed offers in original and 5 copies for furnishing the supplies or services in the Schedule will be received at the place spelled out in Item 8, or if hand-carried, contact the contract specialist until May 1, 2003 prevailing local time 10:00 a.m. The technical evaluation factors listed in the RFP were (1) soundness of approach, (2) understanding of the HPMS and its role in the Medicare + Choice program, (3) management plan, and (4) corporate experience and past performance. The first

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