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B-291849,B-291849.2 1 (2003-03-06)

handle is hein.gao/gaobacykz0001 and id is 1 raw text is: I G A 0 Comptroller General ....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: Admiral Towing and Barge Company File: B-291849; B-291849.2 Date: March 6, 2003 Michael A. Hopkins, Esq., and David M. Glynn, Esq., McKenna Long & Aldridge, for the protester. George N. Brezna, Esq., and David Ranowsky, Esq., the Department of the Navy, the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly amended solicitation to become a 100-percent set-aside for small businesses where the agency reasonably determined, based upon the proposals it received from small businesses, that it could reasonably expect after discussions to receive proposals from at least two small business concerns capable of performing the contract and that award would be at a fair market price. DECISION Admiral Towing and Barge Company protests the terms of request for proposals (RFP) No. N00033-03-R-1003, issued by the Department of the Navy, for tug boat services to assist vessels in Pearl Harbor, Hawaii and surrounding waters. Admiral challenges certain terms of the solicitation, as well as the Navy's determination to make this solicitation a small business set-aside. We deny the protest. The RFP, issued November 21, 2002, provides for the award of a fixed-price contract for the charter of four tug boats with crews to assist vessels in docking, undocking, and emergency situations. The RFP provides for a time charter arrangement, whereby the contractor makes the tug boats available 24 hours per day, 365 days per year, and is paid a daily rate for each tug boat regardless of whether the tugs are used on any given day. The RFP provides that the award will be made to the offeror with acceptable past performance submitting the lowest priced, technically acceptable proposal.

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