May Consider Partners of New Joint Venture for Past Performance Evaluation
Though the solicitation said offerors with no performance history were to receive a neutral rating, the agency provided a positive rating to a new joint venture on the grounds the individual joint venture partners had positive past performance ratings. The GAO sided with the agency’s rating in a protest, noting that FAR 15.305(a)(2)(iii) direct agencies to take into account past performance information regarding predecessor companies, key personnel, major contractors when such information is relevant to an acquisition. GAO said an agency properly can consider the relevant experience of the individual joint venture partners so long as is it not expressly prohibited in the request for proposal (MVM Inc. GAO, B-290726).
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