About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-406409,B-406409.2,B-406409.3,B-406409.4 1 (2012-05-21)

handle is hein.gao/gaobadovj0001 and id is 1 raw text is: 



I     QA                                                                 Comptroller General
        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.
                                                    L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i
          Decision

          Matter of:   KPMG LLP

          File:        B-406409; B-406409.2; B-406409.3; B-406409.4

          Date:        May 21, 2012

          Michael A. Hordell, Esq., Michael R. Golden, Esq., Heather Kilgore Weiner, Esq.,
          and Samuel Jack, Esq., Pepper Hamilton LLP, for the protester.
          David S. Cohen, Esq., John J. O'Brien, Esq., and Gabriel E. Kennon, Esq., Cohen
          Mohr LLP, for Deloitte & Touche LLP, an intervenor.
          Christopher E. Gagne, Esq., and Arthur L. Passar, Esq., Central Intelligence
          Agency, for the agency.
          Paul N. Wengert, Esq., Glenn G. Wolcott, Esq., and Sharon L. Larkin, Esq., Office of
          the General Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          1. Agency conducted misleading discussions where it advised protester during
          discussions that it should provide resumes for all proposed personnel for the lifespan
          of the contract, but now asserts that the RFP did not require such submission of
          resumes.

          2. Agency failed to conduct an adequate cost realism analysis of proposals for cost-
          plus-fixed-fee level-of-effort contract where the record is devoid of any meaningful
          analysis by agency evaluators of their basis for accepting as realistic the awardee's
          cost proposal, and record showed that, beginning a year into performance, the firm's
          cost savings depended on replacement of staff whose resumes were relied upon for
          the awardee's higher technical ratings.
          DECISION

          KPMG LLP, of McLean, Virginia, protests the award of a contract to Deloitte &
          Touche LLP, of Arlington, Virginia, by the Central Intelligence Agency (CIA) under
          request for proposals (RFP) No. 2012-11120600005 for accounting and financial
          services in support of the Office of the Director of National Intelligence (ODNI).
          KPMG argues that the CIA held misleading discussions, misevaluated the
          proposals, failed to conduct a proper cost realism analysis, and made an
          unreasonable source selection decision.


We sustain the protest.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most