Accenture Federal Services, LLC (70T01022R7663N001)
Case: B-421134
Agency: Department of Homeland Security : Transportation Security Administration
Protester: Accenture Federal Services, LLC
Date: 2023-04-12
Denied
B-421134.2,B-421134.3,B-421134.4,B-421134.5
Apr 12, 2023
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Highlights
Accenture Federal Services, LLC, of Arlington, Virginia, protests the issuance of a task order by the Department of Homeland Security, Transportation Security Administration (TSA), to Deloitte Consulting, LLP, of Arlington, Virginia, pursuant to request for proposals (RFP) No. 70T01022R7663N001 (titled "Human Capital Operations Support" or "HCOS") to provide human capital services for TSA employees. Accenture contends that the agency failed to reasonably consider, and improperly waived, Deloitte's organizational conflicts of interest (OCI); improperly evaluated proposals under the corporate experience factor; and failed to properly document and evaluate the offerors' oral presentations under the technical evaluation factor.
We deny 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: Accenture Federal Services, LLC
File: B-421134.2; B-421134.3; B-421134.4; B-421134.5
Date: April 12, 2023
Amy L. O’Sullivan, Esq., Olivia L. Lynch, Esq., Cherie J. Owen, Esq., James G. Peyster, Esq., and Issac D. Schabes, Esq., Crowell & Moring LLP, for the protester.
David S. Cohen, Esq., John J. O’Brien, Esq., and Jason W. Moy, Esq., Cordatis LLP, for Deloitte Consulting LLP, the intervenor.
Kimberly M. Shackelford, Esq., Christopher J. Curry, Esq., Michael Kiffney, Esq., and Christopher J. Reames, Esq., Department of Homeland Security, for the agency.
Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that awardee had disqualifying organizational conflicts of interest is denied where the agency waived the alleged conflicts and the waiver was consistent with the requirements of the Federal Acquisition Regulation (FAR).
2. Agency’s evaluation of proposals under the corporate experience evaluation factor is denied where the evaluation was consistent with the terms of the solicitation.
3. In task order procurement conducted pursuant to FAR subpart 16.5, evaluators’ contemporaneous notes and subsequent evaluation report complied with the FAR requirement to document offerors’ oral presentations.
DECISION
Accenture Federal Services, LLC, of Arlington, Virginia, protests the issuance of a task order by the Department of Homeland Security, Transportation Security Administration (TSA), to Deloitte Consulting, LLP, of Arlington, Virginia, pursuant to request for proposals (RFP) No. 70T01022R7663N001 (titled “Human Capital Operations Support” or “HCOS”) to provide human capital services for TSA employees. Accenture contends that the agency failed to reasonably consider, and improperly waived, Deloitte’s organizational conflicts of interest (OCI); improperly evaluated proposals under the corporate experience factor; and failed to properly document and evaluate the offerors’ oral presentations under the technical evaluation factor.
We deny the protest.
BACKGROUND
On March 8, 2022, TSA issued the RFP under the fair opportunity procedures of Federal Acquisition Regulation (FAR) subpart 16.5, seeking proposals from contractors holding General Services Administration (GSA) Human Capital and Training Solutions (HCaTS) indefinite-delivery, indefinite-quantity (IDIQ) contracts. The RFP contemplated issuance of a single task order for a 1-year base period and four 1-year option periods to perform human capital support services for “the full lifecycle of a TSA employee, including recruitment, onboarding, development, retention and separation.” Agency Report (AR), Tab 3, Performance Work Statement (PWS) at 527.[1]
The solicitation combined services that are currently being performed by Accenture and Deloitte under separate contracts. See AR, Tab 26, Organizational Conflict of Interest (OCI) Investigation Memo at 2.[2] Specifically, Accenture is currently performing recruitment and hiring (R&H) services, and Deloitte is currently performing personnel actions, payroll, and benefits (PP&B) services for TSA under separate, previously awarded contracts. Id.
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