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B-415700 1 (2018-01-29)

handle is hein.gao/gaobadugq0001 and id is 1 raw text is: 



GAOU.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
                                            a GAO Protective Order. This redacted version has
                                            been approved for public release.


Matter of:   National Government Services, Inc.

File:        B-415700

Date:       January 29, 2018

Anuj Vohra, Esq., and Andrew Guy, Esq., Covington & Burling, LLP, for the protester.
Jonathan A. Baker, Esq., and Douglas Kornreich, Esq., Department of Health and
Human Services, for the agency.
Heather Weiner, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest challenging the terms of the solicitation as unduly restrictive of competition is
denied where the record shows that the terms of the solicitation were reasonably
necessary to meet the agency's needs.
DECISION

National Government Services, Inc. (NGS), of Indianapolis, Indiana, protests the terms
of request for proposals (RFP) No. HHSM-500-2017-RFP-001 6, issued by the
Department of Health and Human Services, Centers for Medicare and Medicaid
Services (CMS), to obtain a Medicare Administrative Contractor (MAC) to provide
services for the administration of Medicare Part A and Part B (A/B) fee-for-service
benefit claims. NGS challenges as unduly restrictive of competition the agency's
inclusion in the solicitation of a contract award limit provision, which restricts the
percentage of overall MAC workload that can be held by MAC contractors.

We deny the protest.

BACKGROUND

The RFP, issued on September 15, 2017, under the negotiated procurement
procedures of Federal Acquisition Regulation (FAR) part 15, contemplated the award of
a cost-plus-award-fee contract, for a base period of 12 months, with six 1 -year options.
RFP at 10. The RFP sought A/B MAC services--which include health insurance benefit
administration services, such as Medicare claims processing and payment services, in

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