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B-415129.3 1 (2018-07-31)

handle is hein.gao/gaobaduym0001 and id is 1 raw text is: 



GAO 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:   PricewaterhouseCoopers Public Sector LLP

File:        B-415129.3

Date:        July 31, 2018

Tina D. Reynolds, Esq., Sandeep Nandivada, Esq., and Cynthia Akatugba, Esq.,
Morrison & Foerster LLP, for the protester.
Jonathan M. Baker, Esq., Daniel R. Forman, Esq., James G. Peyster, Esq., Christian N.
Curran, Esq., and Hart W. Wood, Esq., Crowell & Moring LLP, for KPMG LLP, the
intervenor.
Robyn Littman, Esq., and Douglas Kornreich, Esq., Department of Health and Human
Services, for the agency.
Alexander 0. Levine, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest alleging that the agency failed to perform a price realism evaluation and
failed to consider the technical risks resulting from the awardee's low price is dismissed,
where the solicitation did not obligate the agency to perform a price realism evaluation.

2. Protest asserting that the agency failed to meaningfully consider both the awardee's
alleged adverse past performance and its alleged organizational conflict of interest is
dismissed where the allegations do not rise above the level of inference or speculation.
DECISION

PricewaterhouseCoopers Public Sector LLP (PWC), of McLean, Virginia, protests the
issuance of a task order to KPMG LLP, of McLean, Virginia, under request for
quotations (RFQ) No. 170836, issued by the Department of Health and Human Services
(HHS), Centers for Medicare and Medicaid Services (CMS), for procurement integrity
and financial oversight services. The protester contends that the agency failed to
conduct a price realism analysis, improperly evaluated KPMG's quotation under the
non-price factors, failed to meaningfully consider whether the awardee has an
organizational conflict of interest (OCI), and conducted a flawed best-value tradeoff
determination.


We dismiss the protest.

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