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B-277363 1 (1997-08-28)

handle is hein.gao/gaocrptagbz0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: The Great Lakes Towing Company File: B-277363 Date: August 28, 1997 George L. Sogor for the protester. Charles A. Johnson, Esq., Military Sealift Command, Department of the Navy, for the agency. Glenn G. Wolcott, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that contracts were awarded to other than the offeror proposing the lowest price is denied where agency record clearly establishes the contrary. 2. Where agency clearly communicated its interpretation of the solicitation requirements to protester prior to requesting best and final offers, protester's post-award protest of the solicitation requirements is untimely. DECISION The Great Lakes Towing Company (GLT) protests the Department of the Navy's award of contracts to provide ship tugboat docking services at various ports. We deny the protest. On May 16, 1997, the Department of the Navy, Military Sealift Command, issued solicitation No. N00033-97-R-7043, seeking proposals for tugboat services at 10 ports along the Great Lakes waterways. On May 27, various offerors, including GLT, submitted initial proposals. GLT's proposal included various pricing options, reflecting different prices depending on how many of the ports it was awarded. Written discussion questions, dated June 6, were sent to the offerors. Oral discussions were conducted on June 9. GLT asserts that during the oral discussions the Navy's contract specialist advised GLT that its multi-port pricing was unacceptable and that the RFP required submission of individual pricing for each port. Thereafter, best and final offers (BAFO) were submitted. GLT's BAFO contained two types of pricing: individual pricing for each port and an all ports package containing prices that would be applicable if GLT were awarded contracts for all ports.

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