The protester claimed the agency should have rated its past performance with high confidence because the protester had performed well as the incumbent. GAO said incumbency was not the end-all-be-all for past performance.
ITegrity, Inc., GAO B-422694; B-422694.2
- Past Performance – The protester argued it should have received more credit for its incumbent past performance. The protester believed it should have received an overall high confidence rating due to its well-received performance on the incumbent contract. GAO ruled that the agency’s evaluation was reasonable. Notably, it was reasonable for the agency to consider all past performance references rather than make an evaluation based solely on the strongest one.
- Irrelevant Past Performance – The agency found the protester’s second past performance reference irrelevant because it was fundamentally different work. The protester agreed the past performance did not include one of the most important PWS tasks, but asserted the agency should have considered compliance assessments and authorization, managing multiple assessments, and experience with parent/child organization models. GAO found a critical amount of essential PWS tasks were absent from the reference and sided with the agency.
- Disparate Treatment – The protester contended the agency considered negative performance feedback on the protester’s third reference, and that it should have similarly considered negative performance on one awardee’s references. GAO ruled that the protester failed to show the different treatment arose from anything other than a difference of relevance, which was reasonable. Furthermore, the agency noted the negative performance on the awardee’s references. But the awardee’s references were overall superior to the protester’s one relevant reference.
The protester was represented by Elizabeth Jochum and Amanda DeLaPerriere of Blank Rome LLP. The intervenor was represented by Daniel Strouse, Pablo Nichols, John O’Brien, and Jason W. Moy of Cordatis LLP. The agency was represented by Florence Nancy Bridges and Celia Crabbe of Department of Commerce. Christine Milne and Tania Calhoun participated in the preparation of the decision.
— Case summary by Joshua Lim, Assistant Editor
