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B-290716 1 (2002-09-23)

handle is hein.gao/gaocrptaogw0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability 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: KPMG Consulting LLP File: B-290716; B-290716.2 Date: September 23, 2002 William A. Roberts, III, Esq., David M. Southall, Esq., Timothy W. Staley, Esq., and Jonathan L. Kang, Esq., Wiley, Rein & Fielding, for the protester. Thomas P. Humphrey, Esq., John E. McCarthy, Jr., Esq., Elizabeth W. Newsom, Esq., and J. Catherine Kunz, Esq., Crowell & Moring, for International Business Machines Corporation, an intervenor. John F. Ruoff, Esq., Department of Defense, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Under a request for quotations (RFQ) issued in a competitive procurement under the Federal Supply Schedule, where the RFQ does not contain a late quotation clause, the contracting agency may accept quotation modifications received prior to the source selection if acceptance will not prejudice the other competitors. 2. In a competitive procurement under the Federal Supply Schedule program with a stated best value evaluation plan whereby the technical factor is significantly more important than all the other factors combined and price is the least important factor, the contracting agency's decision to select a substantially higher-priced quotation, even though the lower-level evaluation did not produce ratings that showed a significant overall difference in technical merit between the quotations, is reasonable where the higher-level evaluators and source selection authority reasonably identified significant advantages in technical merit in the higher-priced quotation, consistent with the evaluation criteria stated in the solicitation, which justified an award based on the higher-priced quotation. DECISION KPMG Consulting LLP protests an award to International Business Machines Corporation (IBM) under request for quotations (RFQ) No. MDA210-02-T-0003, issued by the Department of Defense (DOD), Defense Finance and Accounting Service (DFAS), for the development and maintenance of a DOD-wide Financial

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