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B-271999 1 (1996-07-25)

handle is hein.gao/gaocrptaehe0001 and id is 1 raw text is: 


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Tidewater Marine, Inc.

File:        B-271999

Date:        July 25, 1996

William J. Spriggs, Esq., Spriggs & Hollingsworth, for the protester.
Robert M. Elwell, Esq., Department of the Navy, for the agency.
Mary Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest against solicitation goal of awarding contracts for tugs with an aggregate of
300,000 pounds of towing capacity is denied where goal was a reasonable statement
of agency's minimum need for towing capacity sufficient to assure safe and swift
maneuver of an aircraft carrier in a congested port during adverse weather.
DECISION

Tidewater Marine, Inc. protests alleged improprieties in request for proposals (RFP)
No. N62387-96-R-1314, issued by the Department of the Navy, Military Sealift
Command, for the procurement of U.S. Flag Tugboat Services, including towing.

We deny the protest.

The solicitation was issued on March 25, 1996, for one or more tugboats meeting
the minimum specifications provided in RFP section C. Tidewater asserts that
although the solicitation does not specify the number of tugs that must be provided,
it essentially mandates the use of three tugs by virtue of the section M requirement
for a 300,000-pound bollard pull; Tidewater maintains that no more than two will be
necessary to meet the work requirements, and that the bollard pull requirement
renders the solicitation ambiguous as to how many tugs are required. Tidewater
further protests that the 300,000-pound bollard pull requirement is restrictive of
competition in that it favors one offeror who intends to submit a proposal to use
tractor tugs.1


1Tidewater also argues that amendment 1 to the solicitation, reducing the amount of
harbor work under the contract and changing the contract start date, is inconsistent
with the agency's needs and was issued solely to accommodate one offeror who
                                                                  (continued...)


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