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B-421165,B-421165.2 Dec 29, 2022 1 (2022-12-29)

handle is hein.gao/gaoodg0001 and id is 1 raw text is: 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
been approved for public release.
Matter of:  Next Phase Solutions and Services, Inc.
File:     B-421165; B-421165.2
Date:     December 29, 2022
Alexander B. Ginsberg, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for the
protester.
Damien C. Specht, Esq., James A. Tucker, Esq., and Krista A. Nunez, Esq., Morrison &
Foerster LLP, for Index Analytics, LLC, the intervenor.
Ethan S. Chae, Esq., Department of Health and Human Services, for the agency.
Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Where solicitation sought quotations for modernization and migration of an agency
information technology system to the cloud; included a statement of objectives (SOO)
that, among other things, provided for post-award analysis of alternative solutions; and
stated that quotations should address all work to be performed under the SOO, the plain
language of the solicitation is contrary to the protester's assertion that the solicitation did
not contemplate inclusion of alternative solution analysis in quotations and precluded
the recommendation of a specific solution.
DECISION
Next Phase Solutions and Services, Inc., of Columbia, Maryland, protests the issuance
of a task order by the Department of Health and Human Services, Centers for Medicare
and Medicaid Services (CMS), to Index Analytics, LLC, pursuant to request for
quotations (RFQ) No. CMS-2022-220829, to modernize and migrate CMS's Open
Payment System (OPS) to the cloud.1 Next Phase challenges the agency's evaluation
1 The OPS supports the Open Payment Program (OPP), which was created by the
Patient Protection and Affordable Care Act of 2009 and is a statutorily required,
national disclosure program that promotes transparency and accountability by making
information about the financial relationships between Reporting Entities and Covered
Recipients available to the public. Agency Report (AR), Tab 2, RFQ at 305. (All page

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