US&S-Pegasus JV, LLC (B-421681.8; B-421681.9)

Category: Technical evaluation, past performance, cost or price evaluation

Date: 19 November 2024

URL: https://www.gao.gov/products/b-421681.8%2Cb-421681.9

You should not care.

US&S-Pegasus JV, LLC, protested Air Force’s award of a base operations support contract to Criterion Corporation, arguing that the agency failed to conduct a price realism analysis, unreasonably evaluated past performance, and made a flawed best-value determination. GAO found that the solicitation only reserved the right for the agency to conduct a price realism analysis and did not mandate it. The agency exercised discretion reasonably, concluding Criterion’s technical proposal showed sufficient understanding of requirements and posed no unacceptable risk.

The protest also alleged improper past performance evaluation, contending the agency excluded references for joint venture partners and subcontractors not participating in the current contract. GAO upheld the agency’s methodology, which focused on work performed by entities proposed for the contract. Finally, US&S challenged the best-value determination, but GAO found the source selection authority had reasonably compared proposals and determined Criterion’s lower price offered the best value given that both proposals were otherwise equal.

GAO denied the protest, finding the agency’s evaluation reasonable and consistent with the solicitation criteria.

Digest

1. Protest that the agency failed to conduct a price realism analysis is denied where the record shows that the agency was not required to perform a price realism analysis.
2. Protest that the agency unreasonably evaluated past performance is denied where the record shows that the agency evaluated past performance in accordance with the terms of the solicitation.
3. Protest that the agency made a flawed best-value determination is denied where the record shows that the agency qualitatively compared proposals and made a reasonable best-value determination.