The Victor Group, Inc. (B-422827)

You should not care.

Category: JV, performance evaluation, best value tradeoff

Date: 20 November 2024

URL: https://www.gao.gov/products/b-422827

The Victor Group protested the award of a task order by DOD’s Defense Health Agency for healthcare environmental cleaning at Tripler Army Medical Center, claiming improper past performance evaluation and unreasonable best-value tradeoff decisions. The protester alleged the agency violated SBA regulations when evaluating past performance and improperly considered price for future stepladder ranges.

GAO found the agency correctly evaluated the past performance of TLS, Joint Venture (TLSJV), under SBA’s mentor-protégé joint venture regulations, which allow consideration of aggregate past performance of both the small business protégé and large business mentor. Additionally, the agency reasonably conducted a best-value tradeoff, prioritizing TLSJV’s superior past performance over The Victor Group’s lower price for two of three stepladders. GAO determined that the solicitation allowed for evaluation of all stepladder prices in its decision.

The protest was denied, with no procedural errors or misapplications of regulations.

Digest

1. Agency correctly evaluated past performance of small business joint venture that was in a mentor-protégé relationship in accordance with 13 C.F.R. § 125.8(e), rather than 13 C.F.R. § 125.11, which applies when an individual small business is attempting to use its past performance as a member of a former joint venture.
2. Agency conducted reasonable price and past performance tradeoff where contracting officer was aware of the advantages of the awardee’s past performance and considered both past performance and price in accordance with the solicitation.