The agency's evaluation assigned Timberline LLC's proposal a rating of "pass" under the past performance factor because the "offeror submitted PPQs that were relevant to scope and complexity of [the current effort].
We find the agency's failure to consider whether the Case ih 305 reference was relevant to the approach actually proposed by the protester to be unreasonable, particularly in light of the weight given to the reference in the agency's assessment of ITIS's past performance.
Like you turned the key off and then back on real fast. Rather, the language in the solicitation provided that, if an offeror's proposal contained more than five comparable contracts, the agency would evaluate the five contracts with the highest dollar value.
If the solicitation language is unambiguous, our inquiry ceases. Al Raha Group for Tech. In its past performance volume, the protester also removed the EOSS contract as a reference and replaced it with a contract performed by a third subcontractor.
The RFP advised that an offeror without a record of relevant past performance would be evaluated neither favorably nor unfavorably for past performance, but that a different rating "may be achieved if the offeror proposes management personnel who have a successful record of past performance on relevant, recent contracts.
Installation guides are available for registered members. We were having some issues with the business band radio cutting out and I suspected a bad power connection coming from the battery to the back side of the cab. Rather, these three contracts were performed by KGLFS related entities, which would be providing resources for use in performance of the contract and were therefore properly attributable to KGLFS.
In essence, the Army contends that evaluators would have reached the same conclusion had this error been corrected.
In its legal memorandum, the agency also argues that it was permitted to consider the EOSS contract since the information was otherwise known to the agency. We have previously explained that, absent solicitation language to the contrary, an agency properly may consider the relevant experience and past performance of key individuals and predecessor companies; such experience and past performance may be useful in predicting success in future contract performance.
Where a protester and agency disagree over the meaning of solicitation language, we will resolve the matter by reading the solicitation as a whole and in a manner that gives effect to all of its provisions; to be reasonable, and therefore valid, an interpretation must be consistent with such a reading.
Instead, MLU alleges that all seven of the references involved work that was performed by another company, Timberline Homes, Inc.
Given these limitations, the agency's experience evaluation was confined to the contracts submitted by the offeror in its proposal, and the solicitation did not allow for the consideration of other contracts--that is, contracts not contained in the proposal.
This seems to have fixed the radio issue but not the engine stuttering. Second, that level of effort was significant 44 percent, or nearly half. No more than 2 team member contracts may be included in the 5 selected contracts.
Thus, the agency contends that it properly relied on the references. The protester argues that it was unreasonable for the agency to discount the PPQ based solely on the relationship between the two companies.
Here, the contemporaneous record shows that CII's corporate experience and past performance, which the technical evaluation panel relied on, were from three contracts that the past performance questionnaires themselves stated had been performed by an affiliate, [DELETED].
Accordingly, we sustain Language Select's challenges to the evaluation of CII's experience and past performance. Accordingly, ECUC submitted three past performance references for its vice president of operations demonstrating his experience with similar utility privatization contracts.
Under these circumstances, where the solicitation limited the number of references and evaluation to the written proposal, the agency has overridden the offeror's business judgment as to which contracts the offeror should include in its final proposal--in essence, revising the awardee's final proposal under the experience factor.
CII's response centers on alleged miscommunication and on CII's partial success in providing cleared interpreters or submitting clearance packages for 95 percent of the required languages when the termination was issued. One name for quality.
On this record, we find that the agency improperly considered the past performance reference for Timberline Homes Inc. Over and over again.ltgov2018.com: Radio MP3 Bluetooth Case IH MX MX MX Magnum MX STX MX MX MX MX MX STX Magnum Magnum MX Magnum MX MX Magnum MX Garden & Outdoor.
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The protester argues that the agency unreasonably penalized ITIS on the basis of that past performance, despite the fact that ITIS limited the subcontractor's proposed role in its quotation.Download