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B-282808 1 (1999-08-30)

handle is hein.gao/gaocrptajkp0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                 of the United States
                                               -----------------------------------------------------------------------------------------------------------------------------.
United States General Accounting 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: Cotton & Company, LLP

         File:      B-282808

         Date:      August 30, 1999


         Alan M. Grayson, Esq., Ira E. Hoffman, Esq., and Brian T. Scher, Esq., Grayson &
         Associates, for the protester.
         Virginia K Ackerman, Esq., Department of Housing & Urban Development, for the
         agency.
         Paul E. Jordan, Esq., Robert C. Arsenoff, Esq., and Paul Lieberman, Esq., Office of
         the General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Contracting agency did not conduct meaningful discussions with the protester where
         the agency failed to clearly identify deficiencies in the protester's proposal in either
         the written or the oral discussions and failed to respond when, in the oral
         discussions, it became clear that the protester had misunderstood the agency's
         concerns.
         DECISION

         Cotton & Company, LLP protests the award of a task order to KPMG Peat Marwick
         LLP under solicitation No. GF900000013, issued by the Department of Housing and
         Urban Development (HUD) for audit services. Cotton challenges the evaluation of
         its proposal, the application of allegedly unstated evaluation criteria, the conduct of
         discussions, and the source selection decision.

         We sustain the protest.

         BACKGROUND

         The solicitation was issued under the General Services Administration's Auditing
         Services & Financial Management Services Schedule to obtain an audit entitled:
         Federal Housing Administration (FHA) Single Family Procurement and
         Disbursement Review. According to the statement of work (SOW) which was
         included in the solicitation, the FHA, under its mortgage insurance programs,

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