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B-299258 1 (2007-03-12)

handle is hein.gao/gaocrptaudq0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: SourceLink Ohio, LLC File: B-299258 Date: March 12, 2007 Craig Morgan for the protester. Roy E. Potter, Esq., United States Government Printing Office, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the rejection of bid by Government Printing Office as nonresponsive, under an invitation for bids to produce and mail beneficiary notices, for failure to submit with the bid a Data Use Agreement--an agreement which requires the contractor to establish and maintain administrative, technical and physical safeguards to protect the confidentiality of the data controlled by Centers for Medicare and Medicaid Services (CMS) needed to perform the contract and which procedurally calls for CMS's approval prior to agreement execution and the dissemination of CMS's data--is sustained because this is a matter concerning the bidder's responsibility, not the responsiveness of the bid. DECISION SourceLink Ohio, LLC protests the rejection of its bid as nonresponsive under invitation for bids (IFB) Program No. 2552-S(R1), issued by the United States Government Printing Office (GPO) for producing and mailing beneficiary notices as requisitioned by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS). The protester maintains that its failure to submit with its bid a Data Use Agreement (DUA) involves a matter of bidder responsibility, not bid responsiveness, and as a result, it should be afforded an opportunity to submit a DUA application any time prior to award. We sustain the protest. The solicitation, issued on October 26, 2006, sought a contractor to produce and mail Medicare and Medicaid beneficiary notices and related documents to designated recipients. The performance of this work necessitates the awardee having access to

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