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B-401526.4 1 (2010-04-21)

handle is hein.gao/gaobadbgx0001 and id is 1 raw text is: 




         ,G    A     O                                                Comptroller General
LXn ,  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:  Ocean Ships, Inc.

          File:       B-401526.4

          Date:       April 21, 2010

          Ralph C. Thomas III, Esq., Barton Baker Thomas & Tolle, LLP, for the protester.
          J. Alex Ward, Esq., Daniel E. Chudd, Esq., and Caroline A. Keller, Esq., Jenner &
          Block LLP, for General Dynamics American Overseas Marine, an intervenor.
          Kimberly G. Foxx, Esq., Sebastian B. Vaneria, Esq., and Lea E. Delossantos, Esq.,
          Department of the Navy, Military Sealift Command, for the agency.
          Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
          participated in the preparation of the decision.
          DIGEST

          1. Protest that agency's inadvertent disclosure of protester's price information and
          discussion questions resulted in unfair competition is denied where record shows
          information was limited in scope and does not demonstrate competitive harm.

          2. Protest that protester's proposal should have been assigned maximum evaluation
          rating under socio-economic factor based on protester's status as small business is
          denied; factor encompassed more than small business status and agency reasonably
          evaluated protester's proposal based upon protester's failure to specifically identify
          any other small businesses or minority institutions that would perform the contract.
          DECISION

          Ocean Ships, Inc. (OSI), of Houston, Texas, protests the award of a contract to
          General Dynamics American  Overseas Marine (AMSEA), of Quincy, Massachusetts,
          under request for proposals (RFP) No. N00033-08-R-5302, issued by the Department
          of the Navy, Military Sealift Command, for the operation and maintenance of large,
          medium-speed  roll-on/roll-off (LMSR) ships in the agency's surge project. OSI
          challenges the evaluation of its proposal.

          We deny the protest.

          The surge project, part of the agency's Sealift Program, involves the quick transition
          of ships from reduced to full operating status to move U.S. forces and military
          equipment to defend and promote vital U.S. interests anywhere in the world. Lot 1 of

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