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B-401438 1 (2009-09-04)

handle is hein.gao/gaobadbbr0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability 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: ESCO Marine, Inc. File: B-401438 Date: September 4, 2009 Michael L. Sterling, Esq., Patrick A. Genzler, Esq., and Gretchen M. Baker, Esq., Vandeventer Black LLP, for the protester. Eric J. Marcotte, Esq., and Gregory R. Evans., Esq., Winston & Strawn LLP, for International Shipbreaking Limited LLC, an intervenor. D. S. Spiegelman-Boyd, 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. Where, in connection with task order for dismantling ships, offerors are required to sell the scrap resulting from the ship dismantling, are permitted to retain the scrap sale proceeds, and are required to offset their proposed prices by the scrap sale proceeds, the determination of whether the task order is valued in excess of $10 million--as part of a determination of GAO's jurisdiction to review a protest of the task order placed under an indefinite-delivery/indefinite-quantity contract--is not limited to consideration of offerors' proposed prices but properly includes consideration of estimated ship scrap values. 2. Protest challenging the evaluation of technical proposals is denied where the record establishes that the agency's evaluation was reasonable, consistent with the stated evaluation criteria, and adequately documented. 3. Affirmative determination of awardee's financial responsibility under task order for ship dismantling services was not reasonable where, notwithstanding the fact that the awardee's proposal expressly represented that it planned to tow and dismantle three ships simultaneously, the contracting officer nevertheless based his determination of adequate financial resources on the awardee incurring the towing and dismantling costs sequentially.

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