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You Win Some/You Lose Some

June 1, 2006

In our Bullet Point of May, 19, 2006, we reported that CMS had lost a bid protest on one of the first competitive procedures to replace the existing fiscal intermediary and Medicare carrier contractors. In a companion protest that the same protester filed on another award under the same RFP, CIGNA Gov't Services, LLC (May 4, 2006, http://www.gao.gov/decisions/bidpro/297915.pdf), CMS prevailed against allegations that CMS had “completely abdicated” its responsibility to perform a cost realism analysis, as GAO found that CMS had considered all relevant information in the awardee's proposal and that there was no basis to question the reasonableness of CMS's analysis.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Thomas P. Humphrey
Retired Partner – Washington, D.C.
Email: thumphrey@crowellretiredpartners.com