Guidehouse Digital, LLC (2021-20111300002S)
Case: B-421227
Agency: Independent Government Entities : Office of the Director of National Intelligence
Protester: Guidehouse Digital, LLC
Date: 2024-08-26
Sustained
B-421227.2,B-421227.3
Sep 26, 2024
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Highlights
Guidehouse Inc., of McLean, Virginia, protests the award of a contract to KPMG LLP, of McLean, Virginia, under solicitation No. 2021-20111300002S, issued by the Office of the Director of National Intelligence (ODNI) for advisory services. The protester alleges that the agency improperly evaluated proposals and made an unreasonable best-value tradeoff 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: Guidehouse Inc.
File: B-421227.2; B-421227.3
Date: August 26, 2024
Brian G. Walsh, Esq., Tracye Winfrey Howard, Esq., Cara L. Sizemore, Esq., W. Benjamin Philips, III, Esq., and Michael O. Warren, Jr., Esq., Wiley Rein LLP, for the protester.
Robert J. Sneckenberg, Esq., and Issac D. Schabes, Esq., Crowell & Moring LLP, for KPMG LLP, the intervenor.
Erin F. Masini, Esq., and Joe Anzalone, Esq., Central Intelligence Agency, for the agency.
Samantha S. Lee, Esq., Tania Calhoun, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest alleging that the agency unreasonably evaluated the awardee’s technical proposal is sustained where the record does not reflect that the agency evaluated a required staffing submission consistent with the solicitation.
2. Protests challenging the agency’s evaluation of strengths in the protester’s technical and management proposals are denied where the record reflects the evaluation was reasonable and consistent with the solicitation’s evaluation criteria.
3. Protest that the agency unreasonably concluded that the protester’s proposed program manager did not meet the requirements for the position is sustained where the stated basis for the agency’s conclusion is inconsistent with the solicitation and the protester’s proposal.
DECISION
Guidehouse Inc., of McLean, Virginia, protests the award of a contract to KPMG LLP, of McLean, Virginia, under solicitation No. 2021-20111300002S, issued by the Office of the Director of National Intelligence (ODNI) for advisory services. The protester alleges that the agency improperly evaluated proposals and made an unreasonable best-value tradeoff decision.
We sustain the protest.
BACKGROUND
The Director of National Intelligence is responsible for developing and executing the National Intelligence Program (NIP), the funding source for national level intelligence activities. Contracting Officer’s Statement (COS) at 1.[1] Within ODNI, the Intelligence Community (IC) Chief Financial Officer’s (CFO) duties and responsibilities are primarily to assist the Director with the NIP. Agency Report (AR), Exh. 6, Statement of Work (SOW) at 5.
On November 10, 2021, the agency, using the procedures of Federal Acquisition Regulation (FAR) part 15, issued the solicitation to support the IC CFO with an acquisition referred to as “Treasure Trove.” COS at 1; AR, Exh. 5, Request for Proposals (RFP) Section M at 1. The RFP sought proposals to provide a range of advisory services and support to improve the processes and capabilities surrounding the development, defense, execution, reporting, and process analysis of activities required to develop the NIP submission to the Office of Management and Budget and Congress. SOW at 5. The contractor would also be tasked with identifying opportunities for improvement of IC financial management and audit readiness. Id. at 5.
The solicitation provided for award of a single hybrid cost-plus-award-fee/level-of-effort contract with a 1-year base period of performance and nine 1-year options. AR, Exh. 4, RFP Section L at 1-2. On September 23, 2022, the agency awarded the contract to Deloitte and Touche, LLP, and Guidehouse filed a protest with our Office challenging the award. COS at 3; Guidehouse, LLP, B-421227, Nov. 15, 2022 (unpublished decision). The agency subsequently notified our Office of its intent to take corrective action by releasing a new solicitation, providing offerors with anonymized evaluated cost information, accepting new proposals, evaluating submitted proposals, and making a new award decision. Guidehouse, LLP, B-421227, supra. Accordingly, we dismissed the protest as academic. Id.
On February 3, 2023, the agency issued a revised version of the solicitation in RFP amendment 4. COS at 1; AR, Exh. 2, RFP Cover Letter.
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