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B-413116.53,B-413116.55 1 (2017-05-09)

handle is hein.gao/gaobadtjj0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                   Comptroller General
Washington, DC 20548                                              of the United States
                                          .......................................................................................................................
                                             DOCUMENT FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This version has been
                                           approved  for  public  release.-----------------------------


Matter of:   Octo Consulting Group, Inc.

File:        B-413116.53; B-413116.55

Date:        May 9, 2017

David B. Dixon, Esq., Alexander B. Ginsberg, Esq., and Meghan D. Doherty, Esq.,
Pillsbury Winthrop Shaw Pittman LLP, for the protester.
James H. Roberts III, Esq., Van Scoyoc Roberts PLLC, for SGT, Inc., an intervenor.
Douglas Kornreich, Esq., Department of Health and Human Services, Centers for
Medicare and Medicaid Services, for the agency.
Eric M. Ransom, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest of agency's best-value tradeoff decision is denied where the award decision
was adequately documented, reasonable, and consistent with the solicitation's best-
value award criteria.

2. Protest alleging errors in the agency's technical evaluation panel report is denied
where that report was superseded by the source selection authority's independent
analysis, which was reasonable and consistent with the solicitation criteria

3. Protest that the evaluation of proposals was disparate with respect to a specific
awardee is denied where there is no reasonable possibility that the protester would be
in line for an award, even if the protester's allegations were meritorious.
DECISION

Octo Consulting Group, Inc., of McLean, Virginia, protests the decision of the
Department of Health and Human Services, Centers for Medicare and Medicaid
Services (CMS), not to award it a contract under request for proposals (RFP) No. CMS-
2016-SPARC, for multiple indefinite-delivery indefinite-quantity contracts in support of
the agency's Strategic Partners Acquisition Readiness Contract (SPARC) program.
Octo alleges that the agency's best-value tradeoff decision failed to meaningfully
consider Octo's lower price versus multiple awardees, and overlooked a weakness in its
tradeoff between Octo and one higher-priced offeror selected for award. Octo also
alleges that the agency misevaluated or disparately evaluated its proposal.

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