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B-291721,B-291721.3 1 (2003-03-05)

handle is hein.gao/gaobacyhi0001 and id is 1 raw text is: 


   I

          G    A     0Comptroller General
A-      Accountability * 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:  Alpha Marine Services, LLC

          File:        B-291721; B-291721.3

          Date:        March 5, 2003

          0. Kevin Vincent, Esq., Baker Botts, for the protester.
          Michael A. Hopkins, Esq., McKenna Long & Aldridge, for Admiral Towing and Barge
          Company,  an intervenor.
          David G. Ranowsky, Esq., and George N. Brezna, Esq., Department of the Navy, for
          the agency.
          Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO,  participated in the preparation of the decision.
          DIGEST

          1. Protester's interpretation of solicitation provision as requiring agency to make
          award  based on lowest overall cost (to be determined by application of various
          cost-related factors not specified in the solicitation) is unreasonable when the
          solicitation is read as a whole and in a manner giving effect to all of its provisions;
          the only reasonable interpretation is that award would be made to the offeror with
          the lowest overall price proposed, calculated using only those factors set out in the
          solicitation.

          2. Protest that awardee's proposal for tugboat services should have been found
          technically unacceptable in various areas is denied where the record shows that the
          agency reasonably concluded that the proposal demonstrated that the tugboats to be
          used to perform the services would comply with the technical requirements in the
          solicitation and protest essentially reflects disagreement with the agency's judgment.
          DECISION

          Alpha Marine Services, LLC (AMS) protests the award of a contract to Admiral
          Towing  and Barge Company under request for proposals (RFP) No. N00033-02-R-
          1022, issued by the Military Sealift Command (MSC), Department of the Navy, for
          tugboat services. AMS challenges the agency's evaluation of proposals.


We deny the protests.

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