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B-400350 1 (2008-09-22)

handle is hein.gao/gaobadaot0001 and id is 1 raw text is: 


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         G    A    0Comptroller General
KA     Accountability * Integrity * Reliability                   of the United States
United States Government Accountability Office
Washington, DC 20548


             D  ..
         Decision


         Matter of:  BAE Systems San Diego Ship Repair

         File:       B-400350

         Date:       September 22, 2008

         Peter B. Jones, Esq., Jones & Donavan, for the protester.
         Timothy A. Chenault, Esq., Department of Homeland Security, for the agency.
         Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Requirement in invitation for bid for drydock and repair of a Coast Guard cutter that
         work be done at Contractor's facility did not render nonresponsive the bid of
         awardee, which proposed to perform the work at a Navy-owned drydocking facility
         under a use agreement between the awardee and the Navy, in the absence of an IFB
         provision that precluded the use of government-owned drydocking facilities.
         DECISION

         BAE  Systems San Diego Ship Repair protests the award of a contract to Puglia
         Engineering, Inc. under invitation for bids (IFB) No. HSCG85-08-B-625488, issued by
         the Department of Homeland Security, United States Coast Guard, for drydock and
         repair of the United States Coast Guard Cutter (USCGC) Chase. BAE contends that
         Puglia's bid should have been rejected as nonresponsive.

         We deny the protest.

         The IFB, issued on March 18, 2008, solicited bids for drydocking and repairs to the
         USCGC  Chase under a fixed-price contract. The IFB summarized the work as
         follows:

               Provide all labor materials, facility, and equipment, except as specified,
               to perform DRY-DOCK AND  REPAIRS  OF USCGC  CHASE  (WHEC  718)
               during the period of 06 August 2008 through 30 September 2008. All
               work will be performed at the Contractor's facility.

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