The protester said the agency botched the evaluation of key personnel and the responsibility determination. GAO agreed. The agency had not explained the key personnel assessment and did not consider a False Claims Act settlement that could’ve impacted the awardee’s responsibility.
MVM, Inc. GAO B-421788.3, B-421788.4
- Key Personnel – The solicitation required offerors to propose a project director with 5 years of project management experience on projects with financial and managerial responsibility. The protester said the awardee’s project director lacked the required experience. GAO agreed. The project director’s resume did not indicate 5 years of project management experience—only about two years. What’s more, the agency had not explained how it concluded the project director had the required experience. Indeed, each evaluator worksheet contained identical language regarding the project director: “no doubt this offeror’s key personnel hold the appropriate credentials and have sufficient experience.” But the evaluators had not explained their reasoning at all.
- Responsibility Determination – The protester also argued the agency erred in finding the awardee responsible. Specifically, the agency failed to consider available relevant information concerning a False Claims Act settlement by the awardee’s affiliate. GAO sided with the protester again. The agency was aware of the FCA settlement, but the record did not indicate the agency gave it any consideration.
The protester is represented by Stacy M. Hadeka, Michael F. Mason, Christine Reynolds, Taylor Hillman, Lauren Olmsted, and Lauren Colantonio of Hogan Lovells US LLP. The awardee is represented by J. Hunter Bennett, Jason A. Carey, Andrew R. Guy, and Jennifer K. Bentley of Covington & Burling LLP. The agency is represented by Michael C. Evans of the General Services Administration. GAO attorneys Christopher Alwood and Evan D. Wesser participated in the decision.
–Case summary by Craig LaChance, Senior Editor
