Protest challenging the agency’s rejection of its proposal is denied, where the resumes of the protester’s key personnel did not demonstrate the required performance audit expertise and where the agency could not infer from the protester’s past performance references or corporate experience that its personnel had this expertise.
TSC Enterprise LLC protested the Department of Veterans Affairs National Cemetery Administration’s award of a support services contract to Sehlke Consulting LLC, arguing that the agency unreasonably evaluated its quotation as technically unacceptable.
The solicitation specified that vendors must demonstrate that their key personnel possessed at least two years of experience serving as a program and/or performance auditor/assessor. The agency concluded that TSC’s employees did not meet this requirement because their experience was limited to financial accounting.
GAO found this reasonable. TSC provided résumés and short biographies for each of its key personnel, but none demonstrated the required experience. For example, one of TSC’s team leaders had experience managing financial risks and writing internal control procedures as an accounting manager but their resume did not show that they completed any performance audits.
TSC asserted that its quotation contained a blanket disclaimer that all of its personnel possessed the requisite experience. TSC also argued that the inclusion of past performance references detailing the firm’s completion of performance audits sufficiently demonstrated that all of its personnel possessed the experience required by the RFQ.
GAO disagreed, first noting that the RFQ specifically warned vendors that merely stating that technical requirements were met would not be considered a sufficient response. GAO also explained that the agency could not reasonably infer from the protester’s past performance references that the personnel who conducted the performance audit work were the same individuals proposed for the contract. Likewise, the agency could not infer that TC’s status as a CPA firm meant that all its personnel possessed two years of performance audit expertise.
TSC also argued that its quotation was technically acceptable because its financial audit experience is essentially equivalent to performance audit experience, but again GAO disagreed. The agency defined its need as requiring personnel with performance audit experience, not financial audit experience, and therefore the agency’s decision to reject TSC’s quotation was reasonable in this regard.
TSC Enterprise LLC is represented by Salome J. Tinker, CPA. The government is represented by Jason A. M. Fragoso, Department of Veterans Affairs. GAO attorneys Todd C. Culliton and Tania Calhoun participated in the preparation of the decision.
