CMS RAC Region 5 Award Protested, Work Delayed

Oops. That didn't take long...

Oops. That didn’t take long…

CMS must delay the beginning of work under the new national contract awarded to Connolly IT on December 30, 2014 for the national DMEPOS/HH&H, Region 5, Recovery Audit contract. The protest was filed with the Government Accountability Office (GAO) on January 6, 2015, by Performant Recovery, Inc., who currently holds the national RAC contract for Region A.

CMS promises to post updates on their website, but for now, the announcement is all that was posted, as of January 14, 2015.

What Kind of Delay Is In Store?

Once a protest is filed with the GAO, there is a set timeline in place for the protest process, as shown in the graphic, below.

A timeline graphic representing the process for Bid Protests filed with the GAO.  (source: GAO website)

A timeline graphic representing the process for Bid Protests filed with the GAO. (source: GAO website)

Simply put, the parent agency for the bid has 30 days to file comments or ask for dismissal of the protest, before the GAO issues a report on the protest, as filed. Then the protestor has another 10 days to file comments, which are not optional. Finally, the GAO has another 60 days after all that to ask for more filings by either party, propose some kind of resolution to the dispute, or hold a hearing. So, 100 days after a protest is filed, the GAO must issue their decision. According to the GAO, they often issue such decisions far in advance of the deadline.

After a decision is reached, it will usually be posted on GAO’s website within 1-2 days. However, so-called “routine” dismissal decisions are not made public.

Based on that process then, a decision for this protest is expected on or before April 16, 2015.

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