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You Win Some/You Lose Some

Client Alert | less than 1 min read | 06.01.06

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.

Insights

Client Alert | 4 min read | 10.30.26

Two Wrongs Don’t Make a Right: GAO Sustains Protest Where Agency Tried to Fix PIA Violation with a Second PIA Violation

Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”...