Chaedrol GAO Protest Log 20241001: Facility Services Management, Inc. (B-422259.2)
You should not care.
Category: Past performance
Date: September 24, 2024
URL: https://www.gao.gov/products/b-422259.2
Facility Services Management, Inc. (FSI), based in Clarksville, Tennessee, protested the award of a contract to J&J Maintenance Inc. for operations and maintenance of the Defense Health Agency program at Fort Eisenhower, Georgia. FSI argued that the U.S. Army Corps of Engineers unreasonably evaluated J&J's past performance, claiming that the agency failed to consider adverse performance information stemming from J&J's past contract with a subcontractor. FSI's argued the Army Corps of Engineers did not adequately assess J&J's performance history, particularly regarding a related contract with J&J Korea, Inc., for which the company pled guilty to conspiracy and wire fraud.
FSI posited that this misconduct should have influenced the past performance evaluation, suggesting that J&J's overall performance confidence rating should have been lower. The agency maintained that it properly considered all relevant past performance information, including CPARS assessments, and found no performance problems that would warrant a downgrade.
GAO ultimately denied the protest, concluding that the agency's evaluations were reasonable and consistent with the solicitation's criteria. The decision emphasized that the agency's discretion in evaluating past performance is substantial, and mere disagreement with the agency's judgment does not establish grounds for protest.
Digest
Protest challenging the evaluation of awardee’s past performance is denied where it was reasonable and consistent with the terms of the solicitation.
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