• LinkedIn
  • Google +
  • Twitter
  • Facebook

+1-703-556-0411

Bid Protest Weekly
  • Home
  • Bid Protest Ed Center
    • WHAT is a bid protest?
    • WHO can file a bid protest
    • DO I need an Attorney?
    • WHY Should you file a bid protest?
    • WHEN Must you file a bid protest?
    • WHERE can you file a bid protest?
    • READING the RFP
  • Blog
  • Topics
  • About Us
  • Contact Us

CAE USA, Inc., B-404625, March 16, 2011

  • By GCPC GovCon Legal Team
  • April 27, 2011
  • Past Performance

Link: GAO Opinion

Agency: Department of the Air Force

Disposition: Protest denied

Keywords: Past Performance

General Counsel P.C. Highlight: The evaluation of past performance, including the agency’s determination of the relevance and scope of an offeror’s performance history, is a matter of agency discretion, which GAO will not find improper unless unreasonable or inconsistent with the solicitation’s evaluation criteria. A protester’s mere disagreement with the agency’s evaluation conclusions does not establish that an evaluation was unreasonable.

—————————————————————————————————————————–

CAE USA, Inc. (CAE) protests the award of a contract under a request for proposals (RFP), issued by the Department of the Air Force, for training support for the C-17 aircraft.

The RFP contemplated the award of a fixed?price, indefinite-delivery/indefinite-quantity (ID/IQ) contact for a five-year base period with an option to extend the contract for two additional one-year terms. The RFP provided that award would be made to the offeror whose proposal represented the best value to the government using a technically acceptable, performance/price tradeoff procedure.

The solicitation advised that the evaluation of past performance would be based on information provided by the offeror in its proposal, as well as information contained in the Contractor Performance Assessment Reporting System (CPARS), and data obtained by the government from other sources. The RFP advised that if the lowest-price, technically acceptable offer received a performance confidence assessment rating of substantial confidence, and then that offeror would receive the award. If the lowest-priced, technically acceptable offer did not receive a performance confidence assessment rating of substantial, then the RFP contemplated that the agency would perform a tradeoff between past performance and price to make a best value determination.

Past performance was evaluated by a performance confidence assessment group (PCAG). The PCAG determined that the relevant contracts identified by CAE did not demonstrate a good representation of the company as a prime contractor on efforts of similar magnitude. As a result, the PCAG reviewed five additional contracts with relevance to training systems where CAE was the prime contractor. In addition, the PCAG considered information obtained from CPARS, as well as questionnaires and interviews with government program managers, the administrative contracting officer, procurement contracting officers, and contractors. Based on this information, the PCAG assessed relevancy and quality ratings for each of the identified past performance contracts under each of the technical acceptability subfactors and cost/price factor, and used these ratings to assess an overall performance confidence assessment rating for CAE’s proposal of satisfactory confidence.

During two rounds of discussions, the agency twice provided CAE with detailed analysis of the agency’s past performance evaluation in the form of briefing slides and evaluation charts. The evaluation charts provided to CAE identified each of the contracts for CAE and its major subcontractors that the PCAG evaluated, including the five additional contracts not identified by CAE in its proposal. The charts also included the relevancy and quality ratings assigned to each contract under each of the technical acceptability subfactors and cost/price factor, the performance confidence assessment ratings assigned to those subfactors and factor, and the resulting performance confidence assessment rating for the overall proposal. The charts show that a number of the contracts were determined to be only somewhat relevant or not relevant to the technical acceptability factors.

Narrative information accompanying the charts informed CAE that its proposal received an overall performance confidence assessment rating of satisfactory confidence. CAE was further advised that this overall satisfactory confidence rating was based on the proposal’s receipt of only satisfactory confidence ratings for three of the five technical acceptability factors and an unknown confidence rating for the cost/price factor. CAE also was informed that, although the firm proposed to perform a certain percent of the effort here as the prime contractor, the agency was unable to find evidence that CAE had performed as a prime on efforts of similar magnitude. In response to discussions, CAE did not challenge any of the evaluation ratings (other than to question the unknown confidence rating for cost/price), or make any revisions in its final proposal submission to address the agency’s concerns. At the conclusion of discussions, CAE’s proposal was found to be technically acceptable. As noted above, CAE’s proposal received a rating of satisfactory confidence for past performance, and the firm proposed the lowest price of $206 million. The source selection authority (SSA) reviewed the evaluation results and, because the lowest-priced offer did not receive a substantial confidence rating, he performed a past performance/price tradeoff. The SSA noted that CAE’s satisfactory confidence rating was due to the fact that many of its contracts were only somewhat relevant, CAE’s experience as a subcontractor was on contracts of a smaller magnitude than required here, and the firm had only limited experience as a prime contractor in the relevant areas. In contrast, the awardee’s substantial confidence rating was based on the firm’s successful performance as a prime contractor on very similar efforts to the RFP here. The SSA determined that the awardee’s superior past performance was worth the additional $17 million, and he selected the awardee for award.

CAE challenges various aspects of the agency’s past performance evaluation, and alleges that the performance/price tradeoff and award determination was unreasonable. GAO states that the evaluation of past performance, including the agency’s determination of the relevance and scope of an offeror’s performance history to be considered, is a matter of agency discretion, which it will not find improper unless unreasonable or inconsistent with the solicitation’s evaluation criteria. A protester’s mere disagreement with the agency’s evaluation conclusions does not establish that an evaluation was unreasonable.

CAE’s protest predominantly attacks the agency’s relevancy determinations of the firm’s past performance. For example, CAE complains that the agency discounted CAE’s subcontractor performance which led to lower relevancy ratings, considered contracts that were not identified by CAE in its proposal and then found some of them to be only somewhat relevant, and made other errors in evaluating relevant past performance. CAE then complains that these erroneous relevancy determinations were the determining factor for award. Based upon GAO’s review of the record, GAO finds that each of CAE’s challenges lack merit.

CAE contends that the agency unreasonably discounted two of its contacts because CAE performed the work as a subcontractor, and that the agency further distorted the evaluation results by considering five less relevant contracts where CAE was the prime contractor even though CAE did not identify these contracts in its proposal. However, the record shows that the agency reasonably evaluated CAE’s past performance in light of the role it was proposed to perform here. To the extent the protester now disputes the agency’s findings as to the relevancy of these contracts, GAO is unpersuaded by its arguments, especially given that CAE failed to dispute any of the agency’s relevancy findings during discussions.

CAE also argues that the agency’s past performance evaluation “completely ignore[d]” the program management experience of one of CAE’s proposed subcontractors. CAE contends that the subcontractor’s “very high ratings” in this area should have resulted in CAE receiving a higher performance confidence assessment rating in this area.As recognized by the agency, CAE did not propose to use any subcontractors in the program management role; rather, that role was reserved to CAE. GAO finds the agency’s decision not to give weight to the subcontractor’s past performance in program management to be unobjectionable. In sum, based on GAO’s review of the record and considering all of the protester’s arguments, GAO finds the agency’s evaluation of past performance, including the relevancy determinations, to be reasonable and consistent with the RFP. The protest is denied.

Share

Related Posts

Silverback7, Inc., B-408053.2; B-408053.3, August 26, 2013

October 9, 2013

Kollsman Inc., B-406990.4; B-406990.5, February 19, 2013

August 16, 2013

B&B Medical Services, Inc., B-407113.3; B-407113.4, June 24, 2013

August 16, 2013

DaeKee Global Co. Ltd., B-402687.8, January 3, 2012

August 16, 2013

Comments are closed

Search Bid Protest Weekly

Need help with a bid protest?

Call us at: 703-556-0411 Or fill out this form:

Categories

  • 8(a) Sole Source Awards
  • Acknowledging Amendments
  • Adequately Written Proposal
  • Adverse Agency Action
  • Adverse Impact Analysis
  • Agency Tender
  • Alternate or Previously-Approved Product
  • Alternative Dispute Resolution
  • Ambiguity in Solicitation
  • Attorney's Fees
  • Bad Faith in Evaluation
  • Below-Cost Offer
  • Best Value
  • Beyond the Scope
  • Bias
  • Bid and Proposal Costs
  • Bid Bond
  • Bid Compliance
  • Bid Protest Decisions
  • Bid Protest Jurisdiction
  • Bid Protests
  • Bidding Best Practices
  • Blanket Purchase Agreement
  • Blanket Purchase Order
  • Blog Articles
  • Bona Fide Needs Rule
  • Brand Name or Equal
  • Broad Agency Announcement
  • Brooks Act
  • Bundling or Consolidation
  • Buy American Act
  • Cancellation of a Solicitation
  • Capability of Contractor
  • CCR Registration
  • Certificate of Competency (COC)
  • Certification Requirements
  • Changes Clause
  • Clarifications
  • Clear and Convincing Evidence
  • Clearly Meritorious Protest
  • Clerical Error
  • Commercial Item Acquisition
  • Competitive Range
  • Compliance
  • Conflict of Interest
  • Construction Design-Build
  • Construction Services
  • Contract Administration
  • Contract Modifications
  • Contracting Preference
  • Contractor Responsibility
  • Corporate Capability
  • Corrective Action
  • Cost Accounting System
  • Cost Evaluation
  • Cost Realism
  • Cost Reimbursement Contract
  • Cost-Technical Trade-Off
  • Customary Commercial Practice
  • CVE
  • DCAA Audit
  • Debriefing
  • Default Termination
  • Deficient Price Proposal
  • Delivery Order jurisdiction
  • Delivery Schedule
  • Designated Employee Agent
  • Disclosure of Price
  • Disclosure of Source Selection-Sensitive Information
  • Discussions
  • Disqualification
  • Documentation of Evaluation
  • Domestic Production Requirement
  • Education Center Articles
  • Electronic Filing
  • Evaluation Criteria
  • Evaluations
  • Events
  • Executive Order Compliance
  • Experience of Contractor
  • Experience Requirement
  • Facility Clearance
  • Fair Market Price
  • FASA
  • FedBizOpps
  • Federal Prison Industries (FPI)
  • Filing Deadlines
  • Final Evaluation
  • Final Proposal Revisions
  • Financial Responsibility
  • Fixed Price Contract
  • Former Government Employees
  • FSS Contract
  • GAO Bid Protest Review
  • GAO Jurisdiction
  • GAO Standard of Review
  • Government Contracts
  • Government Office Closings
  • Government Surplus Material
  • GSA Lease
  • HUBZone
  • ID/IQ
  • Impaired Objectivity
  • In-Sourcing
  • Incentive Fee
  • Inclement Weather Delay
  • Incomplete Proposal
  • Incorporation by Reference
  • Incumbent Capture
  • Incumbent Status
  • Independent Government Estimate (IGE)
  • Individual Environmental Report
  • Industrial Mobilization
  • Innovations
  • Interested Party
  • Invitation for Bid
  • Invited Contractor
  • Javits-Wagner-O'Day Act
  • Joint Venture
  • Key Personnel
  • Labor Hours
  • Labor Rate Pricing
  • Late Proposals
  • Late Submissions
  • Level of Effort
  • Licensing Requirements
  • Limitation on Subcontracting
  • Liquidated Damages
  • Lost Proposal
  • Lowest Price Technically Acceptable
  • Mail-Box Rule
  • Management Planning
  • Market Research
  • MAS Contracts
  • Material Misrepresentation
  • Material Solicitation Amendment
  • Material Solicitation Terms
  • Meaningful Discussions
  • Micro-Purchase Threshold
  • Minimum Requirements
  • Misleading Discussions
  • Mistake
  • Mitigation Strategy
  • Multiple Awards
  • NAICS Code
  • National Security
  • Negotiation
  • News
  • Non-Procurement Instruments
  • Novations
  • Offeror Representations
  • OMB Circular A-76
  • Option Exercise
  • Oral Presentations
  • Organizational Conflict of Interest (OCI)
  • Page Limitations
  • Past Performance
  • Past Performance Information Retrieval System (PPIRS)
  • Performance Based Standards
  • Permits and Responsibilities
  • Personal Conflicts of Interest
  • Post-Award Changes to the Contract
  • Post-Protest Re-Evaluations
  • Practicable Alternative
  • Pre-Award Protest
  • Pre-award vs. Post-award Requirements
  • Pre-Qualification of Offerors
  • Pre-Solicitation Notice
  • Prejudice
  • Price Calculation Error
  • Price Calculation Error
  • Price Evaluation
  • Price of FSS Task Order Quote
  • Price Realism
  • Price Reasonableness
  • Price Reduction
  • Procurement Announcement
  • Procurement Integrity
  • Product Testing
  • Proposal Acceptance Period
  • Proposal Detail
  • Proposal Evaluation
  • Proposal Extension
  • Proposal Standards
  • Proposals
  • Protest Terms of Solicitation
  • Protester Comments
  • Public-Private Competition
  • Randolph-Sheppard Act (RSA)
  • Rate Tenders
  • Re-Certification of Size Status
  • Reconsideration
  • Reevaluation
  • Reevaluation Standards
  • Reimbursed Attorney's Fees
  • Reimbursement of Protest Costs
  • Rejection of Proposal
  • Relaxation or Waiver of Requirement
  • Relevancy of Past Performance
  • Reliance on the Proposal
  • Remedies
  • Requirements Contract
  • Responsibility
  • Responsiveness
  • Restricted Competition
  • Resumes
  • Revision of Proposal
  • Revision of Proposals
  • Risk
  • Rule of Two
  • SBA Status protest
  • Scope of GAO Review
  • SDVOSB Set-Asides
  • Significant Issue Exception
  • Simplified Acquisition Procedures
  • Site Visit
  • Size Determination
  • Size Protest
  • Small Business Innovation Research (SBIR) Program
  • Small Business Set-Asides
  • Small Business Subcontracting Goals
  • Sole-Source Award
  • Solicitation Amendment
  • Solicitation Requirements
  • Source Approval
  • Source Selection Authority
  • Source Selection Decision
  • Source Selection Plan
  • Sources Sought Notice
  • Staffing Plan
  • State and Local Requirements
  • Status of Forces Agreement (SOFA)
  • Subcontract Protest
  • Subcontractor Experience
  • Suspension and Debarment
  • Taking Exception to RFP Requirements
  • Task Orders
  • Teaming Agreement
  • Technical Acceptability
  • Technical Evaluation
  • Technical Evaluation
  • Termination of Award
  • Terms of the Solicitation
  • Timeliness of Protest
  • Timely Filing
  • Timely Performance
  • Timely Proposal Submission
  • Trade Agreement Act
  • Unbalanced Pricing
  • Unduly Restrictive Terms
  • Unequal Access to Information
  • Unequal Treatment of Offerors
  • Uniform Time Act of 1996
  • Unstated Evaluation Criteria
  • Unusual and Compelling Urgency
  • Use of Appropriated Funds
  • Veterans First
  • VIP Database
  • VOSB Set Asides
  • Wage Determination

Get Help


Talk to an
attorney who
specializes
in bid protests:

+1-703-556-0411
Email

Keep up to date
on bid protest
decisions and
policies:

© 2023 Bid Protest Weekly

  • LinkedIn
  • Google +
  • Twitter
  • Facebook
  • Home
  • Bid Protest Ed Center
  • Blog
  • Topics
  • About Us
  • Contact Us
  • Home
  • Bid Protest Ed Center
    • WHAT is a bid protest?
    • WHO can file a bid protest
    • DO I need an Attorney?
    • WHY Should you file a bid protest?
    • WHEN Must you file a bid protest?
    • WHERE can you file a bid protest?
    • READING the RFP
  • Blog
  • Topics
  • About Us
  • Contact Us
  • LinkedIn
  • Google +
  • Twitter
  • Facebook

+1-703-556-0411