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B-407355,B-407355.3 1 (2012-12-21)

handle is hein.gao/gaobadphu0001 and id is 1 raw text is: G A O Comptroller General Acca ntabIIlty Int*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. D e c i s i o n L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . .. Matter of: Noridian Administrative Services, LLC File: B-407355; B-407355.3 Date: December 21, 2012 Paul F. Khoury, Esq., Kathryn Bucher, Esq., Daniel P. Graham, Esq., Brian G. Walsh, Esq., Katherine Rose McDonald, Esq., and Tara L. Ward, Esq., Wiley Rein LLP, for the protester. Daniel E. Chudd, Esq., Edward Jackson, Esq., Kristen M. Rogers, Esq., W. Jay DeVecchio, Esq., Kevin C. Dwyer, Esq., and Ethan E. Marsh, Esq., Jenner & Block LLP, for CGS Administrators, LLC, the intervenor. Douglas W. Kornreich, Esq., Department of Health and Human Services, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that contracting agency unreasonably downgraded protester's technical proposal and upwardly adjusted protester's proposed costs in the cost realism evaluation is denied where the record shows that the agency reasonably declined to accept one of the protester's proposed innovations, upon which its technical proposal and proposed costs were based. 2. Agency is not required to consider past performance information that it has reasonably determined to be an unreliable measure of the offerors' actual performance. DECISION Noridian Administrative Services, LLC, of Fargo, North Dakota, protests the award of a contract to CGS Administrators, LLC, of Nashville, Tennessee, under request for proposals (RFP) No. RFP-CMS-2011-0006 by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), for a durable medical equipment (DME) Medicare administrative contractor (MAC) in

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