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B-405446 1 (2011-11-03)

handle is hein.gao/gaobadoio0001 and id is 1 raw text is: 



J         G    A                                                         Comptroller General
        Accountability * Integrity * Reliability                          of the United States
United States Government Accountability Office  DOCUMENTFoR-PUBICRELEASE
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:  Southern Recycling, L.L.P.

           File:       B-405446

           Date:       November 3, 2011

           Marc C. Hebert, Esq., and Stanley A. Millan, Esq., Jones, Walker, Waechter,
           Poitevent, Carrere & Denegre L.L.P., for the protester.
           Janis P. Rodriguez, Esq., and Joanne Burrus, Esq., Department of Transportation,
           Maritime Administration, for the agency.
           Paul E. Jordan, Esq., and David A. Ashen, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest that solicitation's price evaluation criterion is unduly restrictive is denied
           where the record shows that the agency reasonably determined to consider the
           additional costs to the government for required dry-dock cleaning of vessels for
           offerors proposing recycling outside the San Francisco Bay area.
           DECISION

           Southern Recycling, L.L.P. and its subsidiary, International Shipbreaking Limited,
           LLC (ISL), of New Orleans, Louisiana (hereinafter collectively referred to as
           Southern), protest the terms of request for sales offers No. SDPEXC-08001,
           Announcement July 22, 2011, issued by the U.S. Maritime Administration (MARAD)
           for purchase for dismantlement of four non-retention vessels held in the National
           Defense Reserve Fleet (NDRF) at the Suisun Bay Reserve Fleet (SBRF) in Benicia,
           California. Southern asserts that the price evaluation and best value criteria are
           inappropriate for a sales contract.

           We deny the protest.

           MARAD maintains the NDRF, which is comprised of vessels owned by the United
           States for national defense purposes. Those NDRF vessels which are not part of
           the Ready Reserve Fleet are to be disposed of by MARAD either through sale or
           purchase of disposal services. To accomplish its disposal mission, MARAD
           developed a two-step process. Under Step One, the agency evaluates potential
           offerors' comprehensive general technical proposals (GTP) to assess their technical

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