The Matter of G4S-SJC,LLC (G4S); File B-4096394; July 14, 2014

The GAO recently denied a protest based on the Government’s evaluation of an offeror’s past performance submission. The offeror was G4S-SJC,LLC (a Joint Venture [JV] between G4S Integrated Systems, Inc., San Juan Construction, Inc., and G4S International Holdings, Inc.). Per the RFP, past performance submitted by a JV or subcontractor would require the inclusion of the JV agreement or teaming agreement respectively.

G4S submitted three past performances by a company not identified as either a JV partner nor a subcontractor. It turns out the company was a subsidiary of a JV partner. The Gov’t determined that the entity was a subcontractor and since a teaming agreement was not submitted the projects could not be considered. As a result past performance was rated unacceptable. G4S’s protest contended that the evaluation was unreasonable but the GAO found the evaluation to be reasonable and denied the protest.

Lesson for us all. Although the issue of how a subsidiary is treated in a JV may not apply to you, there are two important lessons learned that apply to everyone: 1) If your proposal is ambiguous then you leave yourself vulnerable to the interpretation of the evaluator. Try to include at least one person on your review team who may not be as intimate with the program. If this person has difficulty connecting the dots, chances are the evaluator will too. 2) While it is very understandable to feel you got a raw deal on how you were evaluated, our experience shows that protests based on the judgment of the evaluator have a very low chance of success. This is supported by the GAO’s comment, “The evaluation of an offeror’s proposal is a matter largely within the agency’s discretion.”


CRI provides full Contract, Procurement and Cost Volume support to its customers. Contact Us today to find out how we can help you negotiate agreements with your teaming partners, meet your price target, submit a fully compliant Cost Volume and negotiate and execute subcontracts upon award.