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B-419150 1 (2020-12-07)

handle is hein.gao/gaobaecci0001 and id is 1 raw text is: G A O U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: AES UXO, LLC File: B-419150 Date: December 7, 2020 Terrence R. Young, and James Ratcliff, for the protester. Susan Kim, Esq., Captain Ethan Chae, and Andrew J. Smith, Esq., Department of the Army, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation's relevant experience and past performance evaluation criteria is sustained where record shows that solicitation as written requires such experience and past performance to have been gained by firms while performing only as prime contractors or as a joint venture, and not while performing as subcontractors. In contrast, the agency's stated intent--to require the prime contractors responding to this solicitation to have relevant experience and past performance themselves--is not accurately captured by solicitation language. DECISION AES UXO, LLC, of New Orleans, Louisiana, protests the terms of request for quotations (RFQ) No. W911 SA21 Q3008, issued by the Department of the Army for unexploded ordnance clearance services at Fort McCoy, Wisconsin. AES argues that the solicitation's evaluation criteria relating to the evaluation of relevant experience and past performance are unduly restrictive of competition. We sustain the protest in part, and deny it in part. BACKGROUND The RFQ, issued as a service-disabled veteran-owned small-business (SDVOSB) set- aside, contemplates the award, on a best-value tradeoff basis, of a fixed-price, indefinite-delivery, indefinite-quantity type contract for a base year and four 1-year options to provide unexploded ordnance clearance services at Fort McCoy. Firms were advised that the agency would evaluate quotations considering three equally weighted

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