The Department of Health and Human Services (HHS) requested a reconsideration of a prior GAO decision which sustained a firm's protest of an HHS cost realism analysis in a solicitation. HHS contended that the protester first articulated the issue of improper cost realism analysis in correspondence with GAO several months after the initial protest submission. HHS argued that GAO should not have considered the cost realism issue, which was known to the firm at the time of its initial protest, because the issue was untimely raised under bid protest procedures. While the protester did not expressly use the phrase, improper cost realism analysis, the issue was clearly raised. The protester's subsequent submissions did not constitute a piecemeal protest, but rather they provided additional rationale for a protest basis clearly stated in the initial protest. Accordingly, GAO affirmed its prior decision.
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