Protest alleging that agency wrongly found proposal unacceptable is denied. The solicitation required offerors to submit past projects performed by the entity submitting the proposal; past projects from members or partners would not be accepted. The agency rejected the protester’s proposal because all of its past projects had been performed by one of the protester’s shareholders, not the protester itself. The protester alleged that it was a special entity under Italian law that derived its experience and qualifications from its shareholders. GAO did not find this compelling. Dressing the proposal up in Italian finery could not hide the fact that the protester had proposed experience from a shareholder in contravention of the solicitation’s requirements.
The Air Force issued an RFP seeking construction services at a military base in Italy. The RFP required offerors to demonstrate their prior experience by submitting four recent and relevant past construction projects. The RFP provided that all experience references had to be only of the contractors of joint venture submitting the proposal. Projects completed by subcontractors or joint venture partners would not be accepted.
An Italian company Consorzio WMC submitted a proposal. The Air Force, however, found Consorzio’s proposal unacceptable because its past projects had not actually been completed by Consorzio. Rather, they had been completed by one of Consorzio’s members.
Consorzio protested alleging that the Air Force had unreasonably concluded that its past project failed to comply with the solicitation. Consorzio argued that it was an independent entity, neither a partnership, nor a joint venture. Rather, the company argued, a “consorzio” is a legal entity under Italian law composed of shareholders from whom the entity itself derives its experience and qualifications. Consorzio contended that the RFP failed to capture this unique Italian business structure that is common in European procurements.
GAO didn’t buy it, finding it irrelevant that the solicitation did not specifically mention the term “consorzio.” The RFP clearly established the offerors could not derive their experience from their members or partners. Each of Consorzio’s past projects was performed by one of its shareholders. The Air Force reasonably found that the past projects did not satisfy the RFP’s requirements.
Consorzio is represented by Seamus Curley and Chelsea L. Goulet of Stroock & Stroock & Lavan LLP. The agency is represented by Isabelle P. Cutting and Colonel Patricia S. Wiegman-Lenz of the Air Force. GAO attorneys Kasia Dourney and Evan C. Williams participated in the preparation of the decision.
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