In response, ITIS provided a comprehensive plan to address these issues, proposing, among other solutions, to lower turnover, increase compensation levels, add more staffing to the service desk, and reduce the role of [DELETED] on the contract. 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. We find this explanation insufficient. 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.
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. The protester further contends that DHS lent unreasonable weight to the subcontractor's past performance effort, despite having found that same effort to be only partially relevant during an earlier evaluation round.
In response, ITIS provided a comprehensive plan to address these issues, proposing, among other solutions, to lower turnover, increase compensation levels, add more staffing to the service desk, and reduce the role of [DELETED] on the contract.
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.
DHS subsequently evaluated the three past performance efforts included in ITIS's past performance volume as having substantial, satisfactory, and substantial confidence ratings respectively. As a general matter, the evaluation of a vendor's past performance is within the discretion of the contracting agency, and we will not substitute our judgment for reasonably based past performance ratings.
Where a protester challenges the past performance evaluation and source selection, we will review the evaluation and award decision Missile defense agencys strategic plan analysis determine if they were reasonable and consistent with the solicitation's evaluation criteria and procurement statutes and regulations, and to ensure that the agency's rationale is adequately documented.
As an initial matter, we note that the contemporaneous record is largely devoid of explanation regarding the agency's decision to evaluate the EOSS contract.
We find this explanation insufficient.
The simple fact that ITIS previously submitted the EOSS reference, as part of a now-superseded, prior quotation, by itself, does not provide the agency with a reasonable basis to consider that reference in evaluating the protester's final quotation, which did not include that reference.
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. The agency notes that the EOSS contract was an incumbent contract, for a portion of the scope of the instant requirement, and that the contracting officer who issued the corrective action letter was the source selection authority SSA for the instant procurement.
This is significant because the protester proposed that [DELETED] would be performing a significantly reduced workshare, would not be part of the contract management, and would be used primarily for staff augmentation purposes.
The PPET report also contains no consideration of the relevance of the EOSS contract, which the agency had previously--during a prior evaluation round--found to be only partially relevant to the instant requirement.
In sum, the final PPET report does not provide any reason for considering such performance information beyond noting that the contract reference had previously been submitted by ITIS. We find the agency's failure to consider whether the EOSS 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.
In this regard, the evaluation record shows that, with the exception of the EOSS contract, the protester was evaluated as having very favorable past performance, receiving two substantial confidence ratings and one satisfactory confidence rating for its three submitted past performance references.
Despite this favorable assessment, the agency determined--following a lengthy discussion of the problems encountered on the EOSS contract--that the protester's past performance only warranted a "high" satisfactory confidence rating.
By way of comparison, Inserso similarly received two substantial confidence ratings and a satisfactory confidence rating for its three submitted past performance efforts. Inserso, however, received an overall substantial confidence past performance rating despite the fact that its submitted contracts were generally less relevant, in size, scope, and complexity, than the three contracts submitted by ITIS.
ANHAM asserts that it was unreasonable for the agency to "revert back to the contract reference included in the previous version of KGLFS's proposal," and that the agency's actions were prohibited by the terms of the solicitation.
ANHAM points out that the solicitation instructions permitted offerors to submit only five contracts, and, since KGLFS's final proposal contained five contracts, the agency could not consider what was, in effect, a sixth contract. Protester Comments at The agency responds that, since the SSEB had evaluated contract A in an earlier submission and had concluded that contract A could be considered under the experience evaluation factor, it was reasonable for the agency to consider this information as part of its evaluation of KGLFS's final proposal.Download-Theses Mercredi 10 juin The National Security Agency (NSA) is a national-level intelligence agency of the United States Department of Defense, under the authority of the Director of National leslutinsduphoenix.com NSA is responsible for global monitoring, collection, and processing of information and data for foreign intelligence and counterintelligence purposes, specializing in a discipline known as signals intelligence.
Strategic Missile Defense: A Reality Check The United States has spent over one hundred billion dollars to try to create a capability to intercept the strategic ballistic missiles of ﬁrst Russia, then China, and now those that North Korea and Iran may deploy in the future.
Explorer correspondent Jeremy Scahill investigates what happened when one man was mistakenly placed on the terrorist watch list.
New The protester challenges the agency's consideration of negative past performance information regarding one of ITIS's proposed subcontractors, [DELETED]. 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.
What Is a Grant? Community Blog series explaining grant types & lifecycle A grant is the transfer of anything of value from the Federal government to a non-federal entity to carry out a public purpose authorized by U.S.
law. Grants fund ideas and projects to provide public services, stimulate the economy, and benefit the general public.