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B-421370 Mar 30, 2023 1 (2023-03-30)

handle is hein.gao/gaoomf0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has V V been approved for public release. Matter of: J&J Contractors, Inc. File: B-421370 Date: March 30, 2023 Shane J. McCall, Esq., Nicole D. Pottroff, Esq., John L. Holtz, Esq., Stephanie L. Ellis, Esq., and Gregory P. Weber, Esq., Koprince Law, LLC, for the protester. Theresa A. Negron, Esq., and Robert D'Andrea, Esq., Department of the Army, for the agency. Jonathan L. Kang, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the assignment of a deficiency and an overall rating of unacceptable to the protester's proposal under the small business participation evaluation factor is denied where the protester did not provide required past performance information, and where the agency was not obligated to consider information submitted in connection with an earlier phase of the competition. 2. Protest challenging the evaluation of the proposal of an offeror included in the competitive range is denied where the agency did not unreasonably fail to identify and consider what the protester contends is negative past performance information regarding that offeror. DECISION J&J Contractors, Inc., of North Billerica, Massachusetts, challenges the decision by the Department of the Army, U.S. Army Corps of Engineers, to eliminate its proposal from the competitive range established in connection with request for proposals (RFP) No. W912WJ22R0004, which was issued for design-build services at Hanscom Air Force Base in Massachusetts. J&J Contractors argues that the agency unreasonably evaluated its proposal under the solicitation's small business participation factor and technical approach evaluation factor, and that the agency unreasonably failed to consider adverse past performance information concerning an offeror whose proposal was included in the competitive range.

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