Challenge to Past Performance Evaluation (Small Business Set-Aside)

DECISION Department of Homeland Security Challenge to Past Performance Evaluation Protestor: [Company Name] Agency: Department of Homeland Security Protest Type: Small Business Set-Aside DECISION The protester challenges the award of a contract to [Incumbent Company] under [Solicitation Number], issued by the Department of Homeland Security for [Service Description]. BACKGROUND The agency issued the solicitation on [Date]. The solicitation provided for a best-value tradeoff between technical capability, past performance, and price. [Number] proposals were received. The agency evaluated proposals and awarded the contract to [Incumbent Company]. The protester challenges the agency's evaluation of proposals. PROTEST GROUNDS The protester argues that: 1. The agency unreasonably evaluated technical proposals. 2. The agency's price realism analysis was inadequate. 3. The agency failed to consider [specific factor]. AGENCY'S POSITION The agency argues that: 1. The technical evaluation was reasonable. 2. The price realism analysis was adequate. 3. All evaluation factors were properly considered. DISCUSSION [Detailed analysis of protest grounds] GAO finds that the agency unreasonably evaluated proposals. The evaluation record does not demonstrate that the agency considered all required evaluation factors. RECOMMENDATION We recommend that the agency reevaluate proposals and make a new source selection determination. We also recommend that the protester be reimbursed the costs of filing and pursuing the protest, including reasonable attorney fees. The protest is sustained. ['[Protester Name]' 'By: [Attorney Name]' '[Law Firm Name]' ] ['[Agency Name]' 'By: [Agency Representative]' '] Decided: [Date]