KPMG LLP (FA701421R0005)
Case: B-420949
Agency: Department of the Air Force : Department of the Air Force
Protester: KPMG LLP
Date: 2022-11-07
Sustained
B-420949,B-420949.2
Nov 07, 2022
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Highlights
KPMG LLP, of McLean, Virginia, protests the award of seven indefinite-delivery, indefinite-quantity (IDIQ) contracts under request for proposals (RFP) No. FA701421R0005, issued by the Department of the Air Force, for visible accessible understandable linked trusted (VAULT) subject matter expert support. KPMG protests the agency's assessment of a weakness in its technical proposal, the agency's price evaluation, and the award decision.
We sustain the protest.
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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: KPMG LLP
File: B-420949; B-420949.2
Date: November 7, 2022
Dominique Casimir, Esq., Robyn N. Burrows, Esq., and Samarth Barot, Esq., Blank Rome LLP, for the protester.
Keith R. Szeliga, Esq., Shaunna Bailey, Esq., and Adam Bartolanzo, Esq., Sheppard Mullin Richter & Hampton LLP, for Deloitte Consulting LLP; and J. Alex Ward, Esq., Victoria D Angle, Esq., and James Tucker, Esq., Morrison & Foerster LLP, for Novetta Accenture Federal Services, the intervenors.
Erika Whelan Retta, Esq., Colonel Frank Yoon, Major Danelle McGinnis, and Isabelle P. Cutting, Esq., Department of the Air Force, for the agency.
Michelle E. Litteken, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest of the agency’s evaluation of the protester’s technical proposal is denied where the protester has not demonstrated that the evaluation was unreasonable or inconsistent with the solicitation.
2. Protest of the agency’s price reasonableness evaluation is denied where the protester has not shown that the evaluation was inconsistent with the solicitation or applicable regulation.
3. Protest of the agency’s best-value tradeoff decision is sustained where the record reflects that the agency did not qualitatively compare proposals before selecting higher-priced, higher-rated proposals for award.
DECISION
KPMG LLP, of McLean, Virginia, protests the award of seven indefinite-delivery, indefinite-quantity (IDIQ) contracts under request for proposals (RFP) No. FA701421R0005,[1] issued by the Department of the Air Force, for visible accessible understandable linked trusted (VAULT) [2] subject matter expert support. KPMG protests the agency’s assessment of a weakness in its technical proposal, the agency’s price evaluation, and the award decision.
We sustain the protest.
BACKGROUND
On October 30, 2020, the agency issued the solicitation, describing its requirement as subject matter expert support to advise on and/or perform data preparation and architecture; develop agile algorithmic solutions; evaluate or execute data governance and data maturity models; and conduct data analytics using state-of-the-art mathematical, machine learning, and artificial intelligence techniques.[3] AR, Tab 7, Performance Work Statement (PWS) § 1.1.1; see also AR, Tab 4, Solicitation Posting at 3.[4] The solicitation anticipated the award of multiple IDIQ contracts, under which the agency would award fixed-price and fixed-price level-of-effort task orders. AR, Tab 18, RFP, amend. 7 at 3.
The solicitation provided for a two-step evaluation process. In step one, proposals would be rated as compliant or noncompliant under five criteria.[5] RFP, amend. 7 at 17. In step two, the agency would evaluate proposals under three factors: (1) IDIQ pricing and professional employee compensation plan; (2) small business commitment document; and (3) technical approach.[6] Id. at 19.
The solicitation stated awards would be made to the highest technically rated offerors with an acceptable small business commitment document; a fair, reasonable, and balanced price; and a realistic professional employee compensation plan. RFP, amend. 7 at 17. The solicitation further stated: “This source selection will be utilizing the tradeoff process as defined in [Federal Acquisition Regulation (FAR)] 15.101 where [t]echnical is significantly more important than cost or price.” Id. at 18.
For the IDIQ pricing factor, the solicitation instructed offerors to submit an IDIQ pricing worksheet with fully burdened offsite labor rates. RFP, amend. 7 at 12. The solicitation stated that the agency would evaluate the worksheet to ensure fair, reasonable, and balanced pricing. Id. The RFP established that the sum of the fully burdened labor rates for each labor category for the base year and for each option year would be treated as the total evaluated price. Id. at 19.
With respect to the technical approach, the solicitation directed offerors to “provide a detailed technical approach to meet all the PWS requirements.” RFP, amend. 7 at 14.
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