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B-271673 1 (1996-07-15)

handle is hein.gao/gaocrptaefm0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision                                 DOCUMENT FOR PUBLIC RELEASE
                                        A protected decision was issued on the date below
                                        and was subject to a GAO Protective Order. This
                                        version has been redacted or approved by the parties
                                        involved for public release.


Matter of: KPMG Peat Marwick, L.L.P.

File:        B-271673

Date:        July 15, 1996

William A. Roberts III, Esq., Lee Curtis, Esq., Jerone C. Cecelic, Esq., and Gayle
Girod, Esq., Howrey & Simon, for the protester.
Ronald A. Schechter, Esq., and Rosemary Maxwell, Esq., Arnold & Porter, for Hay
Management Consultants, an intervenor.
Michael P. Chiffolo, Esq., Defense Commissary Agency, for the agency.
Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

1. Protest that agency failed to give adequate weight to performance risk in its
source selection decision is denied where record shows that agency evaluated and
considered performance risk in accordance with the requirements of the
solicitation.

2. Protest that agency failed to consider cost in tradeoff decision is denied where
the record shows that the source selection official was aware of the cost
differences among the competing offerors and reasonably chose to select for award
the higher priced, technically superior proposals.
DECISION

KPMG Peat Marwick protests the award of two contracts under request for
proposals (RFP) No. DECAO1-95-R-0036, issued by the Defense Commissary Agency
(DCA) for advisory and assistance services. KPMG contends that the agency failed
to give adequate consideration to past performance and cost in its award decision.

We deny the protest.

The RFP contemplated the award of multiple indefinite delivery, indefinite quantity
fixed-price-per-labor-hour contracts on a best value basis. For evaluation purposes,
the RFP provided that offers would be reviewed under three broad criteria,
Technical Merit, Management, and Cost; the Technical Merit and Management areas
(which each included numerous subfactors) were of equal weight. Cost, described


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