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B-311423 1 (2008-05-01)

handle is hein.gao/gaocrptawao0001 and id is 1 raw text is: G A A Comptroller General of the United States United States Government Accountability Office Washington, DC20548 Decision Matter of: Eastern Medical Equipment, Inc.; Omnicare, Inc.; Dania Medical Equipment & Supplies, Inc.; Chronic Care Pharmaceutical Services, LLC; Wound Management Technologies, Inc. File: B-311423; B-311423.2; B-311423.3; B-311423.4; B-311423.5 Date: May 1, 2008 Jim Marco for Eastern Medical Equipment, Inc.; Robert J. Hill, Esq., Reed Smith LLP, for Omnicare, Inc.; Lawrence R. Metsch, Esq., The Metsch Law Firm, P.A., for Dania Medical Equipment & Supplies, Inc., Chronic Care Pharmaceutical Services, LLC, and Wound Management Technologies, Inc., the protesters. Jamie B. Insley, Esq., Department of Health and Human Services, for the agency. Peter D. Verchinski, Esq., and John M. Melody, Esq., Office of General Counsel, GAO, participated in the preparation of the decision. DIGEST Pursuant to title 18 of the Social Security Act (42 U.S.C. §§ 1395-1395hhh), Government Accountability Office lacks jurisdiction over protests of awards made by Centers for Medicare & Medicaid Services, Department of Health and Human Services under the agency's Competitive Acquisition Program. DECISION Eastern Medical Equipment, Inc.; Omnicare, Inc.; Dania Medical Equipment & Supplies, Inc.; Chronic Care Pharmaceutical Services, LLC; and Wound Management Technologies, Inc. protest the rejection of their bids submitted in response to the Centers for Medicare & Medicaid Services (CMS), Department of Health and Human Services (HHS), competitive bidding program for certain Medicare Part B covered items. The protesters assert that CMS improperly determined that the firms failed to submit all required financial documentation with their bids. We dismiss the protest. The national Medicare program is administered by CMS, an agency within HHS, and governed by title 18 of the Social Security Act (codified at 42 U.S.C. §§ 1395-1395hhh). Section 1847 of title 18 (42 U.S.C. § 1395w-3) establishes the Competitive Acquisition Programs (CAP) for the procurement of certain items and

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