GAO Allows New Company to Rely Upon Owner’s Personal Past Performance

PilieroMazza PLLC

Newly-organized small businesses often struggle to establish adequate past performance to successfully compete in the federal marketplace. Fortunately, in the matter of Recogniti, LLP, B-410658 (January 21, 2015), GAO ruled that an agency could rely on the past performance of an offeror’s owner, rather than solely on the company’s past performance.

In the Recogniti case, the awardee submitted its winning proposal after being in business for only eight months. As part of that proposal, under the past performance section, the awardee included a description of one project performed by the company, as well as projects performed by its owner, who was proposed as the program manager. In finding that reliance upon the owner’s past performance was unobjectionable, GAO relied upon a FAR provision which calls upon agencies to review the past performance not only of the entity itself but also of key personnel proposed for the project. For this reason, the agency could properly evaluate the owner or program manager’s personal past performance and expertise when evaluating the company’s proposal.

Given this ruling, new companies may have an opening to rely upon the past performance of the individual owners of the company, so long as those individuals are proposed as key personnel on the project–which is not uncommon for start-up firms.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© PilieroMazza PLLC | Attorney Advertising

Written by:

PilieroMazza PLLC

PilieroMazza PLLC on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.