The Victor Group, Inc. (HT940823R0003-0002)

B-422827 Nov 20, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights The Victor Group, Inc., of San Antonio, Texas, protests the issuance of a task order to TLS, Joint Venture, LLC (TLSJV), of Grovetown, Georgia, under task order proposal request (TOPR) No. HT940823R00030002, issued by the Department of Defense (DOD), Defense Health Agency, for healthcare environmental cleaning (HEC) at Tripler Army Medical Center, Honolulu, Hawaii. The Victor Group asserts that the agency failed to reasonably evaluate TLSJV's past performance and performed an unreasonable best-value tradeoff. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: The Victor Group, Inc. File: B-422827 Date: November 20,2024 Johnathan M. Bailey, Esq., Kristin E. Zachman, Esq., and Rachel Moreau-Davila, Esq., Cokinos Young, for the protester. Adam Lasky, Esq., Erica Bakies, Esq., Sarah Barney, Esq., and Edward Arnold, Esq., Seyfarth Shaw LLP, for TLS, Joint Venture, LLC, the intervenor. Colby L. Sullins, Esq., and Jesse T. Greene, Esq., Defense Health Agency, for the agency. Mark Hagedorn, Esq., Tanner Hatch, Esq., and Meagan Guerzon, Esq., Small Business Administrtion, for the agency. Mary G. Curcio, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Agency correctly evaluated past performance of small business joint venture that was in a mentor-protégé relationship in accordance with 13 C.F.R. §125.8(e), rather than 13 C.F.R. §125.11, which applies when an individual small business is attempting to use its past performance as a member of a former joint venture. 2. Agency conducted reasonable price and past performance tradeoff where contracting officer was aware of the advantages of the awardee’s past performance and considered both past performance and price in accordance with the solicitation. DECISION The Victor Group, Inc., of San Antonio, Texas, protests the issuance of a task order to TLS, Joint Venture, LLC (TLSJV), of Grovetown, Georgia, under task order proposal request (TOPR) No. HT940823R00030002, issued by the Department of Defense (DOD), Defense Health Agency, for healthcare environmental cleaning (HEC) at Tripler Army Medical Center, Honolulu, Hawaii. The Victor Group asserts that the agency failed to reasonably evaluate TLSJV’s past performance and performed an unreasonable best-value tradeoff. We deny the protest. BACKGROUND The agency issued the solicitation to holders of an indefinite-delivery, indefinite-quantity (IDIQ) contract, which anticipates the issuance of task orders to provide six service levels of environmental cleaning services at various military medical facilities.[1] Agency Report (AR), Tab 4, Tripler TOPR at 4.[2] The solicitation for the task order at issue is to provide environmental cleaning services at Tripler Army Medical Center. The task order was to be issued on a best-value tradeoff basis considering past performance and price among offerors that were assigned a rating of pass for technical capability. Past performance was considered significantly more important than price. Id. at 6. As relevant to this protest, offerors were required to provide prices for three ranges of square footage for the Tripler facility where the cleaning services would be performed. These ranges were referred to as stepladders and were set forth as follows: stepladder 1 was from 1,059,857 to 1,321,191 square feet; stepladder 2 was from 1,321,192 to 1,582,526 square feet; and stepladder 3 was from 1,582,527 to 1,843,861 square feet.[3] AR, Tab 10, Stepladder Pricing. For each stepladder range, offerors were required to provide a monthly fixed price for all tasks and requirements included in the performance work statement for the base period, four option periods, a transition period, and a period for an extension or services. Each period of performance represented a separate line item. Tripler TOPR at 5. The agency computed a total evaluated price for each stepladder range by adding together the proposed prices for each of these line items. Id. The solicitation specified that the total evaluated price for each stepladder range would be evaluated for fairness, reasonableness, completeness, and balance. Id. at 8. The solicitation informed offerors that as of the date the solicitation was issued, the agency expected to award a task order for services at the Tripler facility for the square footage and amount proposed for stepladder 2. Id. at 9. Past performance information was submitted and evaluated under the competition for the multiple award IDIQ contracts. AR, Tab 3, IDIQ RFP at 64-65; Tripler TOPR at 4.