The protester objected to an unacceptable past performance rating. GAO said the rating was reasonable. The protester’s most relevant contract had been tainted by years of performance problems.
Cantu Services, GAO B-421440
- Unstated Criteria - The protester alleged the agency applied unstated criteria in evaluating past performance. The solicitation sought food services. The agency assessed whether offerors’ past contracts involved an enterprise-wide food services. The protester said the solicitation said nothing about an enterprise-wise requirement. GAO found the enterprise-wise criteria was encompassed in the stated criteria.
- Relevance of Past Performance - The protester had a relevant past contract. Unfortunately, the protester had received Unsatisfactory ratings for that contract. As a result, the agency found the protester’s past performance unacceptable. The protester argued the agency ignored its other references and relied solely on the negative reference. GAO disagreed. The negative contract was the only contract in which the protester had provided enterprise-wide food services with the same agency. The other references were not with the same agency, or the protester had not performed them as the prime contractor.
- Unacceptable Rating - The protester quibbled with its unacceptable past performance rating. GAO opined the rating was reasonable. The protester had significant problems on a past relevant contract. Those problems were ongoing and uncorrected across multiple years of performance.
Cantu is represented by John C. Dulske and Alyssa Isenberg of Steptoe & Johnson, PLLC. The agency is represented by Captain Dmitrius R. McGruder and Major Weston E. Borkenhagen of the Army. GAO attorneys Christopher Alwood and Alexander O. Levine participated in the decision.
–Case summary by Craig LaChance, Senior Editor
GAO - Cantu