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B-401429 1 (2009-07-31)

handle is hein.gao/gaobadbdw0001 and id is 1 raw text is: G A 0 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. Decision Matter of: First Coast Service Options, Inc. File: B-401429 Date: July 31, 2009 Thomas K. David, Esq., and Kenneth D. Brody, Esq., David, Brody & Dondershine, LLP, for the protester. Agnes P. Dover, Esq., and Michael D. McGill, Esq., Hogan & Hartson LLP, for Maximus, Inc., an intervenor. Christine Simpson, Esq., Department of Health and Human Services, for the agency. Glenn G. Wolcott, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where performance of more than one-third of the contract requirements created a conflict of interest for the protester, agency reasonably rejected protester's final revised proposal that, for the first time, offered to perform the conflicted requirements by relying on a firewalled subcontractor, but failed to meaningfully address the cost and technical impacts associated with this significant proposal revision. DECISION First Coast Service Options, Inc. (FCSO), of Jacksonville, Florida, protests the issuance of a task order by the Department of Health and Human Service (HHS), Centers for Medicare and Medicaid Services (CMS), to Maximus, Inc., of Reston Virginia, pursuant to request for proposals (RFP) No. 90010. The solicitation sought proposals from qualified independent contractors (QIC) to perform reviews of initial medicare payment determinations made by the medicare administrative contractor (MAC) within a particular geographic area, which included Florida, Puerto Rico, and the U.S. Virgin Islands; FCSO is the MAC contractor for those areas. FCSO complains that the agency improperly rejected FCSO's proposal based on concerns regarding conflicts of interest. We deny the protest.

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