BDO Public Sector, LLC (IRV-23-023)

B-421677.2 Oct 03, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights BDO Public Sector, LLC (BDO), a large business of McLean, Virginia, protests the agency's decision to cancel request for proposals (RFP) No. IRV-23-23, issued by the Central Intelligence Agency (CIA) for financial consulting support services. The protester argues that the agency lacks a reasonable basis to cancel the solicitation, and contends that the cancellation is therefore a pretext to avoid resolving BDO's agency-level protest allegation of multiple organizational conflicts of interest (OCIs) on the part of the only other competitor to submit a proposal (Deloitte Consulting LLP). We dismiss the protest as untimely. 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: BDO Public Sector, LLC File: B-421677.2 Date: October 3, 2023 Daniel P. Graham, Esq., Tara L. Ward, Esq., and Elizabeth G. Hummel, Esq., McDermott Will & Emery LLP, for the protester. Dana E. Koffman, Esq., Erin F. Masini, Esq., Sandy L. Caruco, Esq., and Ashley Powers, Esq., Centeral Intelligence Agency, for the agency. Heather Self, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s decision to cancel a solicitation is dismissed as untimely where the protest was filed with our Office more than 10 days after the protester received initial notice of adverse agency action in the protester’s underlying agency‑level protest. DECISION BDO Public Sector, LLC (BDO), a large business of McLean, Virginia, protests the agency’s decision to cancel request for proposals (RFP) No. IRV-23-23, issued by the Central Intelligence Agency (CIA) for financial consulting support services. The protester argues that the agency lacks a reasonable basis to cancel the solicitation, and contends that the cancellation is therefore a pretext to avoid resolving BDO’s agency-level protest allegation of multiple organizational conflicts of interest (OCIs) on the part of the only other competitor to submit a proposal (Deloitte Consulting LLP). We dismiss the protest as untimely. BACKGROUND Using the procedures of Federal Acquisition Regulation subpart 16.5, the agency issued the “Lightsaber II” solicitation to holders of the CIA’s “SHEPHERD-Business Advisory Services (BAS)” multiple award indefinite-delivery, indefinite-quantity (IDIQ) contract seeking proposals for the provision of financial consulting support services for the agency’s working capital fund. Req. for Dismissal at 1. In response to the solicitation, the agency received two offers submitted by BDO and Deloitte. Protest exh. 2, Debriefing Letter at 4.[1] On May 9, 2023, the agency selected BDO’s approximately $55 million proposal for task order award. Id.; Req. for Dismissal at 1. Deloitte filed a protest with our Office challenging the award to BDO. Req. for Dismissal at 1. In response to the protest, the agency submitted a notice of corrective action indicating the CIA’s intent to rescind the award to BDO, request revised proposals, conduct a new evaluation, and make a new award decision. Id. As a result of the agency’s decision to take corrective action, we dismissed Deloitte’s protest as academic. Deloitte Consulting LLP, B-421677, June 12, 2023 (unpublished decision). As a result of Deloitte’s protest, BDO became aware of “multiple OCIs” on Deloitte’s part. Req. for Dismissal exh. A, Agency-Level Protest at 3. During the agency’s implementation of corrective action, the CIA requested revised proposals from both Deloitte and BDO, which BDO viewed as an indication of the agency’s belief that Deloitte was eligible to compete under the solicitation despite the apparent OCIs. Id. at 6. On June 27, BDO filed an agency‑level protest challenging the CIA’s determination that Deloitte was eligible to compete for the Lightsaber II task order “notwithstanding Deloitte’s having several [OCIs].” Id. at 3. Specifically, BDO argued that due to Deloitte’s work on another CIA contract--the “SCAMANDER” contract--Deloitte had two unmitigatable impaired objectivity OCIs. Id. at 6. Further, BDO maintained that Deloitte’s work on the SCAMANDER contract gave rise to an additional unequal access to information OCI, which created an unfair competitive advantage for Deloitte under the Lightsaber II competition. Id. at 8-9. In its agency-level protest, BDO requested as relief that the CIA “determine Deloitte is ineligible for award.” Id. at 10. On August 21, the CIA emailed BDO’s counsel, informing them that the firm’s agency‑level protest had been resolved, and that the agency was undertaking a required information security review before releasing the written decision to BDO. Req. for Dismissal exh. B, Email from CIA to BDO at 16.