About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-417836,B-417836.2 1 (2019-11-18)

handle is hein.gao/gaobaeazl0001 and id is 1 raw text is: 



GO 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 redacted version has
                                          1been approved for public release.


Matter of:   Ohio KePRO, Inc.

File:        B-417836; B-417836.2

Date:        November 18, 2019

Michael D. McGill, Esq., Kristen E. Ittig, Esq., and Thomas A. Pettit, Esq., Arnold &
Porter LLP, for the protester.
Alexander J. Brittin, Esq., Brittin Law Group, PLLC, Mary Pat Buckenmeyer, Esq., and
Jonathan D. Shaffer, Esq., Smith Pachter McWhorter PLC, for Livanta, LLC, the
intervenor.
Lucy G. Mac Gabhann, Esq., and Douglas W. Kornreich, Esq., Department of Health
and Human Services, for the agency.
Evan C. Williams, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest challenging agency's cost realism evaluation is sustained where the agency
failed to reasonably evaluate the protester's proposed direct labor rates, and assess the
realism of the offeror's proposed level of effort.

2. Protest challenging agency's technical evaluation is sustained where the agency
failed to reasonably evaluate the awardee's proposed level of effort.

3. Protest challenging agency's evaluation of experience is sustained where the agency
failed to adequately document the basis for its conclusion that the awardee's proposal
demonstrated the required experience.
DECISION

Ohio KePRO, Inc. (KEPRO), of Harrisburg, Pennsylvania, protests the issuance of a
task order to Livanta, LLC, of Annapolis Junction, Maryland, under task order request
for proposals (TORP) No. 190361, issued by the Department of Health and Human
Services, Centers for Medicare and Medicaid Services (CMS), for beneficiary oversight
and claim review services. KEPRO challenges the agency's cost realism analysis,
technical evaluation, and source selection decision.


We sustain 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:

Already a HeinOnline Subscriber?

profiles profiles most