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B-403386.3 1 (2011-05-05)

handle is hein.gao/gaobadbuo0001 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: Marine Hydraulics International, Inc. File: B-403386.3 Date: May 5, 2011 Terence Murphy, Esq., Patrick H. O'Donnell, Esq., and J. Bradley Reaves, Esq., Kaufman & Canoles, for the protester. Robert M. Tata, Esq., and Carl D. Gray, Esq., Hunton & Williams, for Earl Industries, LLC, an intervenor. Janice M. Passo, Esq., Department of the Navy, for the agency. Scott H. Riback, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency's decision not to consider awardee's performance under certain contracts is untimely where Government Accountability Office (GAO), in sustaining protest against initial source selection on other grounds, had previously found the agency's approach in this regard to be reasonable, and protester did not timely request reconsideration of GAO's earlier conclusion. 2. Protest of source selection decision is denied where record shows that agency's award was rational and consistent with the solicitation's evaluation scheme. DECISION Marine Hydraulics International, Inc. (MH), of Norfolk, Virginia, protests the award of a contract to Earl Industries, LLC, of Portsmouth, Virginia, under request for proposals (RFP) No. N00024-08-R-4405, issued by the Department of the Navy, Naval Sea Systems Command, for executing, planning, maintenance, repair and alteration to LPD 17 Class ships home-ported in, or visiting the Norfolk, Virginia area. MH challenges the evaluation of Earl's proposal and resulting award decision. 1 In its initial protest, MH challenged the agency's evaluation of its cost proposal. In its comments responding to the agency report, MH withdrew these allegations. Protester's Comments, Mar. 10, 2011, at 1.

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