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B-415062,B-415062.2 1 (2017-11-17)

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GAO 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: AdvanceMed Corporation

File:     B-415062; B-415062.2

Date:        November 17, 2017

Daniel P. Graham, Esq., Tyler E. Robinson, Esq., Elizabeth Krabill McIntyre, Esq., and
Caroline E. Colpoys, Esq., Vinson & Elkins LLP, for the protester.
Daniel R. Forman, Esq., Jonathan M. Baker, Esq., Daniel P. Wierzba, Esq., and Hart W.
Wood, Esq., Crowell & Moring LLP, for Safeguard Services LLC, an intervenor.
Christian Maimone, Esq., Department of Health and Human Services, for the agency.
Young H. Cho, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest is sustained where the solicitation stated that performance as a contractor
under the procurement and as a Medicaid management information systems (MMIS)
contractor in the same geographic jurisdiction was considered a conflict, and the record
does not demonstrate that the agency meaningfully considered the conflict that arose
due to the awardee's parent company's performance of MMIS contracts in several
states in the same jurisdiction.

2. Protest challenging the awardee's proposal as technically acceptable is sustained
where the acceptable rating was expressly contingent on remediation of several
identified issues, and the identified issues were not remediated.
DECISION

AdvanceMed Corporation, of Reston, Virginia, protests the issuance of a task order to
Safeguard Services LLC, of Piano, Texas, under task order request for proposals (RFP)
No. HHSM-500-2017-RFP-0044, issued by the Department of Health and Human
Services (HHS), Centers for Medicare and Medicaid Services (CMS), to conduct
program integrity audit and investigation work across Medicare and Medicaid
operations. The protester argues that Safeguard was ineligible for award under the
express provisions of the RFP because Safeguard's parent company had an
organizational conflict of interest (OCI) that the agency failed to meaningfully consider,
and that Safeguard's proposal was also technically unacceptable.