Courts, Boards, & GAO

Trending Now
“Close Enough” Isn’t Good Enough: Protester’s “Homebrew” Certification Sinks Proposal • Lost in Translation: GAO Upholds Rejection of Lease Written in Japanese • Bid Protests in Alaska • Federal Circuit Holds Challengers to CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test • The Clock Is Still Ticking — Claims Timeliness Across the Boards and at the COFC

Protester Claimed Its Key Personnel Deserved a Higher Rating, But GAO Found the Protester Had Merely Met the Solicitation’s Requirements

kobps2 | Shutterstock

The protester claimed it should have received a higher rating for its key personnel because the agency found the protester's key personnel met or exceeded the requirements. GAO found that meeting the key personnel requirements did not demonstrate expertise.

FedWriters, Inc., GAO B-421906.7; B-421906.8
  • Unreasonable Evaluation -The protester challenged the award of a task order for professional services. The protester claimed it should have received a rating of "high confidence" under the key personnel factor. The protester claimed that key personnel met or exceeded the requirements. The protester also reasoned that the agency had found two of its key person's work samples to demonstrate technical experience. GAO rejected the argument, finding that while the protester's key person had met the required level of experience, the quality of the experience was lacking. The protester did not deserve a higher key personnel rating.
  • Past Performance - The protester also challenged the awardee's "high confidence" rating under the past performance factor. It claimed that the protégé member of the awardee's joint venture had "virtually no experience." However, the past performance of the mentor entity and protégé entity covered all task areas in the aggregate. Thus, GAO denied this protest argument, too.

The protester was represented by Devon E. Hewitt of Potomac Law Group, PLLC. Damon A. Brown of HHS represented the agency. Jacob M. Talcott and Jennifer D. Westfall-McGrail of GAO, participated in the decision.

-- Case summary by Joshua Lim, Assistant Editor

Get daily insights on bid protests, CDA claims, and contract litigation that shape the GovCon landscape with our Protests & Claims newsletter, delivering up-to-the-minute intelligence Monday–Saturday — Subscribe here.