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B-410445,B-410445.2 1 (2014-12-29)

handle is hein.gao/gaobadqvu0001 and id is 1 raw text is: G A O Comptroller General r Accountablity * 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 Decision [...been approvedfor release. Matter of: Maersk Line, Limited File: B-410445; B-410445.2 Date: December 29, 2014 Robert E. Korroch, Esq., and William A. Wozniak, Esq., Williams Mullen, for the protester. Kelly E. Rogers, Esq., Robert M. Elwell, Esq., Scott S. Sheffler, Esq., Kimberly Foxx, Esq., and Gordon D. Ivins, Esq., Department of the Navy, Military Sealift Command, for the agency. Matthew T. Crosby, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency's decision to make reprocurement award on basis of second-lowest-priced offer is denied where record reflects relatively short time span between receipt of final proposal revisions and reprocurement award as well as agency's urgent need for performance after initial awardee defaulted. 2. Allegation that awardee's proposal was unacceptable because awardee submitted consolidated pricing data form for all performance periods instead of separate forms for each period is dismissed where record reflects another offeror would be in line for award if protest were sustained, and, therefore, protester is not interested party. DECISION Maersk Line, Limited, of Norfolk, Virginia, protests the award of a contract to Sealift, Inc., of Oyster Bay, New York, pursuant to a reprocurement by the Department of the Navy, Military Sealift Command (MSC), under request for proposals (RFP) No. N00033-14-R-3300 for the time charter of a vessel. Maersk alleges that the reprocurement was flawed because following the initial awardee's termination for default, the agency made award on the basis of Sealift's second- lowest-priced offer instead of reopening the competition on a full and open basis. Maersk also alleges that Sealift's proposal was technically unacceptable. We deny the protest in part and dismiss it in part.

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