K&K JL Services, Inc. (B-423367)

You should not care.

Category: Competitive prejudice, past performance

Date: 7 May 2025

URL: https://www.gao.gov/products/b-423367

K&K JL Services, Inc., protested the terms of RFP No. FA480025R0009, issued by the US Air Force for grounds maintenance at Joint Base Langley-Eustis (JBLE), Virginia. The protester—an incumbent contractor—challenged the past performance evaluation criteria as unduly restrictive, particularly the requirement for two references with annual values of at least $1 million.

Competitive prejudice and standing: GAO denied the protest, holding first that K&K lacked competitive prejudice because it submitted a compliant proposal. GAO reiterated that a protester cannot challenge requirements it has already satisfied absent evidence of competitive harm, citing McGoldrick Constr. Servs. Corp., B-419327.

Solicitation provisions were reasonable: Even if K&K had standing, GAO found the challenged requirements to be reasonably related to agency needs. The Air Force justified the $1 million annual threshold based on the anticipated value and mission-critical nature of the work, particularly for airfield safety and wildlife control. Furthermore, GAO rejected K&K’s argument that the agency should be barred from considering CPARS or other nonsubmitted past performance information, finding no legal support for that restriction.

Protest denied. Agencies have broad discretion to define relevancy thresholds in past performance when reasonably related to the scope, value, and risk of the work.

Digest

Protest challenging solicitation provisions as unduly restrictive of competition is denied where the provisions are reasonably related to the agency’s requirements.