Kearney & Company, PC (HQ042321R0029)

B-420331,B-420331.2 Feb 04, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Kearney & Company, PC (Kearney), of Alexandria, Virginia, protests the issuance of a task order to Cotton & Company, LLP (Cotton), also of Alexandria, Virginia, under request for quotations (RFQ) No. HQ042321R0029, issued by the Department of Defense, Defense Finance and Accounting Service (DFAS), for auditing services. The protester challenges the agency's evaluation of quotations and alleges that the awardee has an impaired objectivity organizational conflict of interest (OCI). We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE 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:  Kearney & Company, PC File:  B-420331; B-420331.2 Date:  February 4, 2022 Craig A. Holman, Esq., Nathaniel E. Castellano, Esq., and Jessica L. Nejberger, Esq., Arnold & Porter Kaye Scholer LLP, for the protester. William F. Savarino, Esq., John J. O’Brien, Esq., and Rhina Cardenal, Esq., Cordatis LLP, for Cotton & Company, LLP, the intervenor. Amanda J. Dinges, Esq., Department of Defense, for the agency. Michael Price, Esq., Raymond Richards, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging the agency’s evaluation of a vendor’s quotation under a key personnel experience requirement is denied where the record shows that the evaluation was conducted in accordance with the terms of the solicitation and did not violate applicable procurement law or regulation. 2.  Protester is not an interested party to raise additional protest grounds where the record reflects that the protester’s quotation was reasonably found to be ineligible for award, and where the record also reflects the existence of an unchallenged, award‑eligible quotation submitted by a vendor who is next in line for award. DECISION Kearney & Company, PC (Kearney), of Alexandria, Virginia, protests the issuance of a task order to Cotton & Company, LLP (Cotton), also of Alexandria, Virginia, under request for quotations (RFQ) No. HQ042321R0029, issued by the Department of Defense, Defense Finance and Accounting Service (DFAS), for auditing services.  The protester challenges the agency’s evaluation of quotations and alleges that the awardee has an impaired objectivity organizational conflict of interest (OCI).  We deny the protest. Background The RFQ was issued on April 19, 2021, under the procedures of Federal Acquisition Regulation (FAR) subpart 8.4, Federal Supply Schedules (FSS).  Agency Report (AR), Exh. 1, RFQ at 1, 33.  The agency sought quotations from public accounting firms holding General Services Administration (GSA) multiple award schedule (MAS) contracts under category 541211, audit services.  Id. at 34.  The prospective contractor would be called upon to perform audit services involving the Defense Security Cooperation Agency’s security assistance account.  Id. at 3; see also Contracting Officer’s Statement (COS) at ¶ 1.  The RFQ contemplated the issuance of a labor‑hour task order with a 1‑year base period and four 1‑year option periods.  RFQ at 4.  Award was to be made on a best‑value tradeoff basis considering price and the following non‑price factors:  (1) past performance; (2) key personnel experience; (3) technical understanding and approach; and (4) small business participation plan.  Id. at 38‑39.  The first three non‑price factors were equally weighted, and when combined, were significantly more important than price.  Id. at 39.  The small business participation plan factor was to be evaluated on a pass/fail basis.  Id.  The RFQ advised that the agency could issue an order without holding discussions.  Id. at 33.  Quotations were due by June 3, 2021.[1]  The agency received four quotations in response to the RFQ.  COS at ¶ 14.  A technical evaluation team (TET) convened to evaluate quotations under the factors of past performance, key personnel experience, and technical understanding and approach.  AR, Exh. 7, TET Report at 1‑23.  The TET assigned the following ratings to the quotations submitted by Kearney and Cotton:[2]   Kearney Cotton Past Performance Substantial Confidence Satisfactory Confidence Key Personnel Exp. Good Good Tech. Understanding & Approach Good Good   Id. at 23. The Source Selection Authority (SSA) reviewed the findings of the TET and “took substantial exception to several of the overall ratings.”  AR, Exh.