Link: GAO Opinion
Agency: Department of the Air Force
Disposition: Protest denied.
Keywords: Past Performance
General Counsel P.C. Highlight: The evaluation of an offeror’s past performance is within the discretion of the contracting agency, and GAO will not substitute its judgment for reasonably based past performance ratings.
The Department of the Air Force (Air Force) issued a request for proposals (RFP) for refuse and recycling services for an Air Force base. Dorado Services, Inc. was not awarded the contract and protests the Air Force’s evaluation of the past performance factor.
The RFP was issued as a commercial services acquisition under FAR Part 12. The contract was to be fixed-price for a one-year base period with four one-year option periods. Award was to be based on an integrated assessment of the past performance and price of technically acceptable proposals. The Air Force was to look at relevant and recent contracts of bidders to assess the past performance of each bidder. Dorado’s proposal was found to be technically acceptable and received a rating of substantial confidence for past performance. However, another bidder’s proposal was lower in price and that bidder was awarded the contract.
The evaluation of an offeror’s past performance is within the discretion of the contracting agency, and GAO will not substitute its judgment for reasonably based past performance ratings. GAO will review the evaluation and award decision to determine if they were reasonable and consistent with the evaluation criteria and procurement statutes and regulations.
GAO found that the agency’s assessment of a substantial confidence rating to the awardee’s proposal under the past performance factor was reasonable and consistent with the terms of the solicitation since the awardee received satisfactory to exceptional ratings on all of its relevant contracts and positive comments from references. There were no meaningful differences in what both proposals had to offer, but the awardee’s proposal was lower in price. GAO found that the assessment made by the Air Force was not unreasonable. The protest is denied.