The solicitation required past performance references from the "vendor."
The protester argued this meant that when evaluating a joint venture, the agency could only consider references from the venture itself, not from individual JV members. GAO found the protester’s argument conflicted with the Small Business Act.
Excelsior Ambulance Services, Inc., GAO B-422177.4
- Protest Argument – The agency awarded a contract to a small business mentor-protege joint venture. The protester argued the agency misevaluated the awardee’s past performance. The solicitation required past performance references from the “vendor.” The protester reasoned that in the awardee’s case, the “vendor” was the joint venture itself. The awardee, however, had submitted references from its members, not from the joint venture entity.
- How to Evaluate Joint Venture Past Performance – GAO found the protester’s argument conflicted with the Small Business Act and the SBA regulations implementing the Act. Those regulations state that in considering the past performance of a joint venture, the agency must consider the work and qualification of each joint venture partner as well as the venture itself. The agency’s evaluation of the awardee’s experience conformed to the SBA’s regulations.
The protester is represented by William M. Weisberg of the Law Office of William Weisberg. The awardee is represented by Stephanie L. Ellis, Nicole Pottroff, John L. Holtz, and Shane McCall of Koprince McCall Pottroff, LLC. The agency is represented by Deborah K. Morell of the Department of Veterans Affairs. GAO attorneys Cosette Vincent, Christine Milne, and Tania Calhoun participated in the decision.
--Case summary by Craig LaChance, Editor in Chief