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B-417175.2 1 (2019-03-29)

handle is hein.gao/gaobadvsr0001 and id is 1 raw text is: 



G&O U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States




Decision


Matter of: Curtin Maritime Corporation

File:        B-417175.2

Date:     March 29, 2019

Marley Schroepfer, Esq., Curtin Maritime Corporation, for the protester.
Ann Calabrese, Esq., Allison McDade, Esq., and Schuyler Lystad, Esq., Department of
the Navy, for the agency.
Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest alleging that the domestic shipyard preference set forth in Defense Federal
Acquisition Regulation Supplement (DFARS) provision 252.247-7026 requires the
agency to afford a preference to offerors that exclusively use domestic shipyards to
perform overhaul, repair, and maintenance for qualifying vessels is denied where the
plain language of the DFARS provision and its enabling legislation require only that an
agency consider, as one of many evaluation factors, the extent to which an offeror has
performed such work in domestic shipyards.
DECISION

Curtin Maritime Corporation, a small business concern of Long Beach, California,
protests the terms of request for proposals (RFP) No. N32205-19-R-3300, issued by
the Department of the Navy, Military Sealift Command (MSC), for a U.S. flag tug vessel.
The protester contends that the solicitation's evaluation criteria violate the domestic
shipyard preference set forth in Defense Federal Acquisition Regulation
Supplement (DFARS) provision 252.247-7026.1

We deny the protest.


1 No protective order was issued in this protest. A full version of the agency report was
provided to our Office, while a redacted version of the report was furnished to the
protester's counsel. In reaching our decision here, we have reviewed the entire
unredacted record.

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