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B-401842.2 1 (2010-01-25)

handle is hein.gao/gaobadbel0001 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: Cahaba Safeguard Administrators, LLC File: B-401842.2 Date: January 25, 2010 Eric J. Marcotte, Esq., Scott A. Schipma, Esq., and Mark A. Smith, Winston & Strawn LLP, for the protester. David S. Cohen, Esq., Victor G. Klingelhofer, Esq., John J. O'Brien, Esq., and Catherine K. Kroll, Esq., Cohen Mohr LLP, for AdvanceMed Corp., an intervenor. Anthony E. Marrone, Esq., and Jeffri Pierre, Esq., Centers for Medicare and Medicaid Services, for the agency. Edward Goldstein, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest is sustained where agency failed to reasonably consider plan proposed by awardee to mitigate its impaired objectivity organizational conflicts of interest. 2. Agency's exchanges with offeror regarding its proposed mitigation strategy to address organizational conflicts of interest were not discussions such that the agency was required to reopen discussions with all offerors. DECISION Cahaba Safeguard Administrators, LLC, of Birmingham, Alabama, protests the award of a contract to AdvanceMed Corp., of Rockville, Maryland, under request for proposals (RFP) No. RFP-CMS-2008-0014, issued by Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) for contracts in support of CMS's audit, oversight, and anti-fraud, waste and abuse efforts in two geographic zones (Zone 1 and Zone 2). Cahaba argues that CMS unreasonably concluded that AdvanceMed proposed an adequate strategy to mitigate its impaired objectivity organizational conflicts of interest (OCI) and that the agency held unequal discussions with offerors.' 1 Cahaba also argues that CMS's evaluation of offerors' proposals was flawed, the discussions CMS conducted with Cahaba were not meaningful, and that CMS failed (continued...)

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