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B-419020,B-419020.2,B-419020.3 1 (2020-11-25)

handle is hein.gao/gaobaecdk0001 and id is 1 raw text is: 



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

                                             DOCUMENT   FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Pasha Hawaii Holdings LLC

File:        B-419020; B-419020.2; B-419020.3

Date:        November  25, 2020

James  J. McCullough, Esq., Michael J. Anstett, Esq., Anayansi Rodriguez, Esq., and
Christopher H. Bell, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for the
protester.
James  Y. Boland, Esq., Christopher G. Griesedieck, Esq., and Michael T. Francel, Esq.,
Venable LLP, for Crowley Government  Services, Inc., the intervenor.
Ryan  M. Kabacinski, Esq., Ashley S. Amano, Esq., Gregory A. Harding, Esq., and Mary
McAllaster, Esq., Department of Transportation, for the agency.
Kenneth  Kilgour, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO,  participated in the preparation of the decision.
DIGEST

1. Protest challenging the agency's price realism evaluation is sustained where the
record provides insufficient evidence that the agency considered the possible risk to
contract performance of the awardee's lowest-priced proposal; to the extent that the
agency considered the awardee's technical approach to comply with the solicitation's
requirements, the analysis was based on incorrect facts.

2. Protest that the competition was flawed because the solicitation contained a latent
ambiguity about the crew requirements for vessels is sustained.

3. Protest challenging the agency's past performance evaluation is sustained where the
evaluation was inconsistent with the terms of the solicitation.

4. Protest challenging the agency's evaluation of technical proposals is sustained
where the evaluation was inconsistent with the terms of the solicitation.
DECISION

Pasha  Hawaii Holdings LLC, of San Rafael, California, protests the award of a contract
to Crowley Government  Services, Inc., of Jacksonville, Florida, under request for
proposals (RFP) No. 693JF719R000034,   issued by the Department of Transportation,
Maritime Administration (MARAD), to acquire, operate, and maintain replacement

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