The protester submitted past performance references but didn't use the past performance questionnaire (PPQ) form attached to the solicitation. Consequently, the agency determined the protester hadn’t submitted relevant references. The protester argued the information it submitted contained the same information as the form PPQ. The protester reasoned the agency had improperly elevated form over substance. But GAO wasn’t sympathetic. The solicitation instructed offerors to use the PPQ form. Moreover, in response to offeror questions, the agency had repeatedly and unequivocally told offerors to use the attached PPQ form. The agency reasonably rejected the protester’s alternate forms.
Souza Construction, Inc., GAO B-420966.4
Background
GSA issued an RFP for the construction of electric vehicle supply equipment. The RFP contemplated award of multiple IDIQ contracts at various geographic locations. GSA received 88 proposals for one the locations, including a proposal from Souza Construction. The agency awarded 22 contracts but didn’t select Souza.
While Souza had received high technical ratings, it had also received a neutral rating under the past performance factor. GSA noted the RFP had required offerors to use a PPQ form included with the solicitation. Souza had not used the attached form. Instead, Souza had submitted another agency’s form and CPARS records. Because Souza had not submitted the required form, GSA concluded that it had not submitted any relevant past performance. Hence, the neutral rating. Souza protested.
Analysis
Souza reasoned that GSA was focusing on form over substance. Souza submitted a past performance reference for a contract it performed for the Navy. The Navy, however, had refused to use GSA’s PPQ form. Instead, Navy had insisted on using its own form. Still, Souza maintained, the Navy PPQ had the same information as GSA’s PPQ. Souza asserted that it was being unfairly punished for the actions of another agency.
GAO wasn’t sympathetic. The solicitation had required offerors to use the form PPQ. Several offerors had asked the agency many times whether alternate forms were acceptable. Each time GSA had said no and reiterated that offerors must use the attached form. In light of the plain language in the solicitation and GSA’s unequivocal and consistent instruction, GAO concluded that GSA had reasonably rejected Souza’s past performance examples.
Souza is represented by Lewis P. Rhodes and Orest J. Jowyk of McMahon, Welch and Learned PLLC. The intervenor, Southeastern Industrial, is represented by Nicholas Solosky of Fox Rothschild LLP. The agency is represented by Jessica Gunzel of the General Services Administration. GAO attorneys Sarah T. Zaffina and Jennifer Westfall-McGrail participated in the decision.
--Case summary by Craig LaChance, Senior Editor
GAO - Souza Construction