The protester challenged the evaluation of the awardee’s technical proposal and past performance assessment. It argued that the awardee failed to adhere to the labor mix outlined in the performance work statement (PWS), and that the awardee’s past performance did not match the RFP’s requirements. GAO agreed and recommended a reevaluation of the proposals based on these inconsistencies. Furthermore, GAO found that the agency failed to evaluate how past performance was relevant to the current solicitation.
Emissary LLC, GAO, B-422388.3; B-422388.4
- Background – The agency issued a request for proposals (RFP) seeking technical support services for the Office of the Assistant Secretary of Defense (OASD). The protester filed this protest after the agency awarded the contract to the awardee, Gemini Industries Inc. It alleged that Gemini misrepresented the availability of key personnel and that the agency’s evaluation was unreasonable and inconsistent with the solicitation terms.
- Technical Proposal Evaluation – The protester argued that the agency inaccurately credited the awardee for adhering to the labor mix specified in the performance work statement (PWS). GAO agreed. It found that the awardee did not propose the exact labor categories or hours as required.
- Key Personnel Availability – The protester contended that the agency ignored changes in the awardee’s proposed key personnel. It specifically alleged that one key personnel candidate had become unavailable before the award. This, the protester claimed, created a material change that should have been disclosed. However, GAO rejected the argument. The awardee had no actual knowledge of any unavailability before the award and, therefore, was not required to notify the agency.
- Past Performance Evaluation – The protester challenged the agency’s evaluation regarding the relevance of the awardee’s past performance. While the agency had credited the awardee with substantial confidence in past performance, the protester argued that the tasks referenced did not align with the RFP’s requirements. GAO agreed, stating that the agency had failed to adequately evaluate how the past performance was relevant to the current solicitation, leading to an unreasonable assessment.
The protester is represented by Kara L. Daniels, Esq., and Kyung Liu-Katz, Esq., of Arnold & Porter Kaye Scholer LLP. The awardee is represented by Brandon R. Cogswell, Esq., Stephan Piel, Esq., and May Sena, Esq., of the Department of Defense. The government is represented by Samantha S. Lee, Esq., and Peter H. Tran, Esq., of the Office of the General Counsel, GAO.
