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B-406958.3,B-406958.4 1 (2013-01-08)

handle is hein.gao/gaobadphc0001 and id is 1 raw text is: 




         G    A     O                                                   Comptroller General
  Acc;ntabilty *Infegrlty RelibiIty                                     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 version has been
                                                     approved for public release.
         D e  c i s i o n                           L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


         Matter of:   Diversified Collection Services, Inc.

         File:        B-406958.3; B-406958.4

         Date:        January 8, 2013

         Michael D. McGill, Esq., Thomas L. McGovern, III, Esq., Elizabeth J. Galezio, Esq.,
         and Michael J. Scheimer, Esq., Hogan Lovells US LLP, for the protester.
         Scott M. McCaleb, Esq., Daniel P. Graham, Esq., Jon W. Burd, Esq., and Noree
         Lee, Esq., Wiley Rein LLP, for CGI Federal, Inc., an intervenor.
         Douglas Kornreich, Esq., Department of Health and Human Services, Centers for
         Medicare and Medicaid Services, for the agency.
         Tania Calhoun, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest that firm should have been disqualified from competition due to a
         significant impaired objectivity organizational conflict of interest is denied, where the
         agency reasonably concluded that the vendor, if awarded the task order, would not
         be in a position to evaluate the services it provides to commercial customers.

         2. Protest that contracting agency improperly conducted discussions solely with the
         selected vendor is denied where the record shows the exchange at issue
         constituted a clarification and there was no requirement to also seek clarification
         from protester.

         3. Allegation that vendor's points for negotiation took material exception to the
         solicitation's terms is denied where the quote, when read as a whole, did not take
         exception to the terms of the solicitation, the agency did not negotiate any of the
         identified points with the selected vendor, and the agency's offer of the task order to
         the vendor evidenced the agency's rejection of the points of negotiation.
         DECISION

         Diversified Collection Services, Inc. (DCS), of Livermore, California, protests the
         decision of the Department of Health and Human Services, Centers for Medicare &
         Medicaid Services (CMS), to award a task order to CGI Federal, Inc., of Fairfax,

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