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B-401973.3,B-401973.5 1 (2010-01-14)

handle is hein.gao/gaobadbdo0001 and id is 1 raw text is: ,G A O Comptroller General LXn , Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: PMO Partnership Joint Venture File: B-401973.3; B-401973.5 Date: January 14, 2010 William M. Weisberg, Esq., Joyce L. Tong, Esq., and Angela L. Nadler, Esq., Bryan Cave, LLP, for the protester. Stephen F. Pereira, Esq., Kerry L. Miller, Esq., and Michael L. Culotta, Esq., Department of Transportation, for the agency. Nora K. Adkins, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency improperly rejected the proposal of a joint venture offeror for a cost- reimbursement contract because the indirect cost rate structure included in the joint venture's accounting system was considered unacceptable, where the agency has provided no supportable or reasonable bases for its determination and unreasonably failed to consider a revised indirect cost rate that the agency specifically requested from the joint venture prior to award. DECISION PMO Partnership Joint Venture (PMO-JV) of San Francisco, California protests the Department of Transportation (DOT), Federal Transit Administration's (FTA) rejection of its proposal for failing to provide an adequate accounting system under request for proposals (RFP) No. DTFT60-08-R-00010 for program management oversight (PMO) services. We sustain the protest. On June 26, 2008, FTA issued a RFP soliciting proposals for PMO services to provide support for select capital projects with continuous review and evaluation of grantee and FTA processes to ensure compliance with statutory, administrative, and regulatory requirements, and to monitor the projects to determine whether the projects are progressing on time, within budget, and in accordance with approved grantee plans and specifications. Agency Report (AR) at 2. The solicitation contemplated the award of multiple (approximately 15 to 25) cost-reimbursement, indefinite-delivery/indefinite-quantity (ID/IQ) task order type contracts. RFP at 2, 94.

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