About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-401645 1 (2009-10-23)

handle is hein.gao/gaobadbjq0001 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: Software Engineering Services, Inc. File: B-401645 Date: October 23, 2009 John M. Heida, Esq., for the protester. David S. Black, Esq., and Jessica M. Madon, Esq., Holland & Knight, LLP, for Edaptive Systems, LLC, an intervenor. Jeffri Pierre, Esq., and Anthony Marrone, 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 1. Protester's assertions that agency improperly rated its proposal Marginal with regard to non-cost/price evaluation factors constitutes mere disagreement with the agency's judgment and does not provide a basis for sustaining the protest. 2. Protest based on an alleged conflict of interest created by awardee's proposed use of a subcontractor, who is also the prime contractor in another phase of the program, is denied where the solicitation specifically provides that the subcontractor's involvement in both phases of the program is not precluded, and agency specifically considered the various tasks contemplated under both program phases and determined that no conflict of interest was created. DECISION Software Engineering Services, Inc. (SES), of Bellevue, Nebraska, protests the award of a contract by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), to Edaptive Systems, LLC, of Baltimore, Maryland, pursuant to request for proposals (RFP) No. CMS-2009-8A-PMBR-01 to provide various information technology support services. SES protests that the agency improperly evaluated SES's and Edaptive's proposals, and maintains that Edaptive's proposal should have been excluded from the competition based on an alleged conflict of interest. We deny the protest.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most