Courts, Boards, & GAO

Trending Now
Supreme Court Holds that Federal Law Does Not Preempt State Tort Claims When the Contractor’s Own Negligence Causes Injuries • You Can’t Blame the Government for Weather You Could Have Predicted • COFC Holds that USAID Contractors Properly Pleaded Breach of Contract by Improper Mass Termination in Bad Faith/Abuse of Discretion • Bid Protests in Maine • Army Awards $2.7B Contract for Dark Eagle Hypersonic Weapon

Protester Said It Should’ve Received a HIgher Past Performance Rating. Why Did GAO Dismiss the Argument?

The protester wanted a higher past performance rating. GAO found this argument failed to state a valid protest. The protester had already received the highest possible rating.

Arcticom LLC, GAO B-421756, B-421756.2
  • Past Performance Rating - The protester objected to the past performance evaluation. The protester received a satisfactory confidence rating. The protester claimed it should’ve received a substantial confidence rating. GAO found this argument failed to state a valid basis of protest. The satisfactory rating was the highest rating available under the solicitation.
  • Prejudice - The protester also objected to the evaluation of the awardee’s proposal. But another intervening offeror was in line for award before the protester. The protester had not challenged the evaluation of this intervening offeror and thus had not demonstrated a substantial chance of receiving award.

The protester is represented by Kenneth A. Martin of The Martin Law Firm, PLLC. The awardee is represented by Adam Lasky, Erica L. Bakies, and Bret C, Marfut of Seyfarth Shaw LLP. The agency is represented by Andrew Campos of the Navy. GAO attorneys Jacob M. Talcott and Jennifer D. Westfall-McGrail participated in the decision.

–Case summary by Craig LaChance, Senior Editor

Get daily insights on bid protests, CDA claims, and contract litigation that shape the GovCon landscape with our Protests & Claims newsletter, delivering up-to-the-minute intelligence Monday–Saturday — Subscribe here.