Case ih 305

It is well-settled that an agency may consider the experience or past performance of an offeror's parent or affiliated company under certain circumstances when the proposal demonstrates that the resources of the parent or affiliate will affect contract performance.

The RFP provided that the offeror shall submit at least three PPQs supporting the projects listed under the company experience factor. Desbuild Comments at 1, 5. Desbuild Comments at 4. The simple fact that ITIS previously submitted the EOSS reference, as part of a now-superseded, prior quotation, by Case ih 305, does not provide the agency with a reasonable basis to consider that reference in evaluating the protester's final quotation,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.

Specifically, Desbuild alleges that Edifice did not self-perform the work described under the second characteristic, i. The protest record does not document a basis for the SSA's conclusions that the clarity of the RFQ here, and the schedule for CII to obtain clearances and prepare for performance here, were materially different than in the terminated contract.

The agency points to KGLFS's proposal, where the firm explained it is "a Kuwait company and part of a larger family of KGL companies," and that Case ih 305 affiliate company within the entire KGL enterprise has committed itself to providing all available resources to ensure the success of the contract.

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.

Similar projects were defined as projects involving all three mandatory characteristics. Second, that level of effort was significant 44 percent, or nearly half.

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Thus, we conclude that the Army argument represents a revised evaluation made during the heat of litigation. Thus, Language Select argues, the record does not support SSA's wholesale acceptance of CII's explanation that the reason for the termination was miscommunication, nor that the risk of a similar problem was minimal, allegedly because either the RFQ here was clearer than the terminated contract, or the BPA differed from the contract because CII was not required to begin full performance immediately.

By way of comparison, Inserso similarly received two substantial confidence ratings and a satisfactory confidence rating for its three submitted past performance efforts. Further, the SSA stated that ECUC received a neutral past performance rating because the "Government is unable to obtain past performance feedback from any recent and relevant references for [the requirement] individually, or combined.

The most relevant experience, and that which will receive the most credit, however, is the information directly related to the offering entity. If you would like to download a guide for this application, please log in or sign up for an account.

The SSA argues that our Office has approved attribution of past performance or experience simply where "the parent company manages the entire corporate family. 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.

Under these circumstances, where the solicitation limited the number of references and evaluation to the written proposal, the agency has overridden the offeror's business judgment as to which contracts the offeror should include in its final proposal--in essence, revising the awardee's final proposal under the experience factor.

In contrast to the specific events chronicled by the agency, the SSA's evaluation does not reasonably document a basis for the agency's contrasting judgment to adopt CII's rebuttal. Accordingly, ECUC submitted three past performance references for its vice president of operations demonstrating his experience with similar utility privatization contracts.

With regard to one of the subcontractors, Battelle acknowledges that the customer contact information provided to DTRA was invalid. Our module also does not interfere with common rail pressure - making our module the best choice for your engine.

Installation guides are available for registered members. Accordingly, we sustain Language Select's challenges to the evaluation of CII's experience and past performance. The desired performance enhancement is achieved by changing the injection duration, the same way the system was originally designed to operate.

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Case ih 305
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