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You Win Some/You Lose Some

Jun.01.2006

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.

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Thomas P. Humphrey
Partner – Washington, D.C.
Phone: +1 202.624.2633
Email: thumphrey@crowell.com