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B-286129 1 (2000-11-27)

handle is hein.gao/gaocrptalfi0001 and id is 1 raw text is: G A 0 Comptroller General Accountablity* Integrity Reliability of the United States United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: James J. Flanagan Shipping Corporation File: B-286129 Date: November 27, 2000 James M. Davin, Esq., Julian & Seele, for the protester. W. Robins Brice, Esq., Royston, Rayzor, Vickery & Williams, for P&O Ports Texas, Inc., an intervenor. Col. Michael R. Neds, Capt. Charles T. Kirchmaier, Maj. Howard W. Roth, III, Department of the Army, for the agency. Scott H. Riback, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably rated protester's proposal unsatisfactory, such that it could not form the basis for award, where agency reasonably determined that proposal contained numerous material deficiencies including the lack of a management plan, a security and safety plan, a quality control plan and a cargo loss and damage control program. DECISION James J. Flanagan Shipping Corporation protests the award of a contract to P&O Ports Texas, Inc. under request for proposals (RFP) No. DAMTO1-00-R-0007, issued by the Department of the Army for stevedoring and related services at the Port of Beaumont and Port Arthur, Texas. Flanagan contends that the agency misevaluated its proposal and improperly made award to P&O at a price higher than its own. We deny the protest. The RFP contemplated the award of a fixed-price, indefinite-quantity contract to perform stevedoring and related services for a 2-year period. Technical and cost proposals were to be submitted and proposals were to be evaluated in the areas of technical capability, past performance and price, with technical capability and past performance, in combination, being approximately equal to price. The technical capability factor included five equally weighted subfactors: understanding of the work; management plan; proposed contractor furnished equipment; proposed safety

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