Blank Rome Successfully Represents KPMG LLP in GAO Bid Protest Challenging National Reconnaissance Office Award Decision
A Blank Rome team successfully represented KPMG LLP (“KPMG”) in the Court of Federal Claims, allowing KPMG to hold on to a valuable contract with the National Reconnaissance Office (“NRO”).
NRO originally awarded the contract to KPMG. Another bidder filed an ultimately successful bid protest at the Government Accountability Office (“GAO”) that caused KPMG to lose the award. The bidder argued that KPMG should be disqualified because one of KPMG’s proposed key personnel submitted a resignation letter before the start date for the new contract. The person in question resigned to join Deloitte, the third bidder in the competition. After GAO’s decision, NRO disqualified KPMG and awarded the contract to Deloitte.
The Blank Rome team filed a bid protest at the Court of Federal Claims. The judge ruled in KPMG’s favor, finding GAO’s decision to be “arbitrary and capricious.” The Court found that KPMG reasonably believed when it submitted its proposal that the individual in question would be available for the new contract, that he was still employed on KPMG’s team when NRO announced the award to KPMG, and KPMG had tried to change the person’s mind.
Following the Court’s decision, NRO decided to retract the award to Deloitte and reinstate the original award to KPMG.
Read more about the case at “KPMG Snags Gov't Finance Support Deal Back from Deloitte” (Law360, July 19, 2023).