New small businesses often have a hard time establishing past performance to be able to compete in the Federal market. In Recogniti, LLP, B-410658 (January 21, 2015), GAO ruled that an agency can rely on the past performance of an offeror’s owner, rather than only using the company’s past performance.
The RFQ was posted as a combined synopsis/solicitation and was set aside for small businesses using NAICS 541690 (other Scientific and Consulting Services). The RFQ used simplified acquisition procedures and listed three evaluation criteria (technical capability, past performance, and price).
The RFQ provided past performance report forms to be completed and submitted by vendors’ references for each past performance capability and show similar type and complexity of work.
10 quotes were received (including those from Recogniti and Trea).
For past performance, Trea submitted past performance references for both the company and its founder (who was proposed as the Program Manager).
The CO made the decision to award to Trea based on the technical evaluation team’s integrated assessment.
Recogniti protested the award to Trea, stating that Trea had only incorporated eight days prior to the final date of past performance questionnaire submission; and therefore, its past performance evaluation is unreasonable.
In making their determination, GAO relied upon FAR 15.305(a)(2)(iii) (2014), which specifically permits agencies “to take into account past performance information regarding . . . key personnel, who have relevant experience”.
As a result, the agency could reasonably review past performance for the vendor and key personnel proposed and evaluate the proposal.
This is good news for newly-formed businesses who have owners with strong past performance experience. The key is that those individuals should be proposed as key personnel on the project so they can be included in the evaluation.