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New requirement Solicitation (rfp) released with requirement to have offeror provide past performance information from similar projects.

Interested Contractor requests the requiring activity COR on an earlier, similar project to provide past performance on that project as part of their proposal preparation.

The COR is a member of the Technical Evaluation Panel on the new requirement. Is there any conflict or impropriety with this COR providing the past performance for this offeror and serving on the panel for the new requirement?

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15.305 (2) (ii) The solicitation shall describe the approach for evaluating past performance, including evaluating offerors with no relevant performance history, and shall provide offerors an opportunity to identify past or current contracts (including Federal, State, and local government and private) for efforts similar to the Government requirement. The solicitation shall also authorize offerors to provide information on problems encountered on the identified contracts and the offeror?s corrective actions. The Government shall consider this information, as well as information obtained from any other sources, when evaluating the offeror?s past performance. The source selection authority shall determine the relevance of similar past performance information.

12.206 Use of past performance.

Past performance should be an important element of every evaluation and contract award for commercial items. Contracting officers should consider past performance data from a wide variety of sources both inside and outside the Federal Government in accordance with the policies and procedures contained in Subpart 9.1, 13.106, or Subpart 15.3, as applicable.

13.106-2 (B) (3)? Evaluation of other factors, such as past performance?

(i) Does not require the creation or existence of a formal data base; and

(ii) May be based on one or more of the following:

(A) The contracting officer?s knowledge of and previous experience with the supply or service being acquired;

(B) Customer surveys, and past performance questionnaire replies;

© The Governmentwide Past Performance Information Retrieval System (PPIRS) at www.ppirs.gov; or

(D) Any other reasonable basis.

Emphasis added

Given the above I don?t see any conflict.

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New requirement Solicitation (rfp) released with requirement to have offeror provide past performance information from similar projects.

Interested Contractor requests the requiring activity COR on an earlier, similar project to provide past performance on that project as part of their proposal preparation.

The COR is a member of the Technical Evaluation Panel on the new requirement. Is there any conflict or impropriety with this COR providing the past performance for this offeror and serving on the panel for the new requirement?

Yes, the COR may participate. If the COR does particpate and if he or she possesses knowledge of one of the competitor's performance, he or she must consider the information if it is relevant to the work to be performed.

?While we understand the Navy's rationale for initially not sending out a past performance survey on the PHNS contract, we do not understand the Navy's failure to consider the information in its possession regarding GTSD's performance on that contract. The record shows that this contract was deemed so relevant to the requirements at issue that it served as a basis for the government estimate. Post-Negotiation Business Clearance Memorandum at 54. Moreover, the COR for that contract, the individual who eventually completed the past performance survey, was a member of the TEB for this procurement. PHNS Past Performance Survey; Pre-Negotiation Business Clearance Memorandum at 6. Under the circumstances, the agency could not reasonably ignore personally known information about GTSD's prior experience on the PHNS contract merely because the firm did not submit a Contractor Past Performance Data Sheet for that contract. See Safeguard Maintenance Corp., B-260983.3, Oct. 13, 1995, 96-2 CPD para. 116 at 12. While there is no legal requirement that all past performance references be included in a valid review of past performance, some information is simply too close at hand to ignore. See International Bus. Sys., Inc., B-275554, Mar. 3, 1997, 97-1 CPD para. 114 at 5.?

This is an extract from GTS Duratek, Inc. B-280511.2; B-280511.3, October 19, 1998.

The decision is set forth here: http://redbook.gao.gov/17/fl0084720.php.

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