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B-421917.2,B-421917.3 Jan 29, 2024 1 (2024-01-29)

handle is hein.gao/gaopwa0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This version has been approved for public release. Matter of: Kauffman and Associates, Inc. File: B-421917.2; B-421917.3 Date: January 29, 2024 Jacqueline K. Unger, Esq., Antonio R. Franco, Esq., Katherine B. Burrows, Esq., Eric A. Valle, Esq., and Dozier L. Gardner Jr., Esq., Piliero Mazza, PLLC, for the protester. Pamela Waldron, Esq., and Jon J. Gottschalk, Esq., Department of Health and Human Services for the agency. Michael P. Price, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's interpretation of the solicitation is sustained where the solicitation was latently ambiguous with regard to information vendors were required to submit with their quotations under the technical approach factor. 2. Protest alleging the agency failed to evaluate vendors' quotations on an equal basis is sustained where the record demonstrates the agency did not evaluate quotations in an even-handed manner. 3. Protest challenging the agency's technical evaluation of quotations is sustained where the agency's evaluation was inconsistent with the terms of the solicitation, unsupported by the contemporaneous record, and otherwise unreasonable. 4. Protest challenging the agency's price evaluation of the awardee's quotation is sustained where the agency unreasonably determined the awardee's pricing to be fair and reasonable despite the awardee proposing labor rates in excess of its Federal Supply Schedule contract rates. DECISION Kauffman and Associates, Inc., a women-owned small business of Spokane, Washington, protests the issuance of an order to Octane Public Relations, a small disadvantaged business of Washington, District of Columbia, under request for quotations (RFQ) No. 231122, issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS) for training planning and

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