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B-311321 1 (2008-06-09)

handle is hein.gao/gaocrptawad0001 and id is 1 raw text is: 




A         G    A    O                                                  Comptroller General
.       Accountability * 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 been
                                                      approved for public release.

          Decision

          Matter of: Guam Shipyard

          File:        B-311321; B-311321.2

          Date:        June 9, 2008

          David J. Taylor, Esq., William J. Spriggs, Esq., Katherine A. Allen, Esq., and Rachel W.
          McGuane, Esq., Spriggs & Hollingsworth, for the protester.
          Robert E. Korroch, Esq., Francis E. Purcell, Jr., Esq., and Khaliah Wrenn, Esq.,
          Williams Mullen, for Gulf Copper Ship Repair, Inc., the intervenor.
          Jeff Mansfield, Esq., and Bruce Potocki, Esq., Department of the Navy, for the
          agency.
          Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest of agency's evaluation and award decision is denied where record shows
          they were reasonable and consistent with the terms of the solicitation and applicable
          procurement rules.
          DECISION

          Guam Shipyard protests the evaluation of proposals and the award of a contract to
          Gulf Copper Ship Repair, Inc. under request for proposals (RFP) No.
          N55236-08-R-0006, issued by the Department of the Navy, Southwest Regional
          Maintenance Center, for alterations to sanitary spaces (low maintenance, sensor-
          operated washroom facilities) on Barge YRBM-25 in Guam. The protester challenges
          the reasonableness of the agency's evaluation of proposals and determination to
          make the award to Gulf Copper, which received a higher past performance rating
          and offered a higher price than the protester.

          We deny the protest.

          The RFP, set aside for small businesses, anticipated the award of a fixed-price
          contract to the firm that submitted the technically acceptable proposal deemed to
          offer the best value to the agency considering two evaluation factors approximately
          equal in importance, price reasonableness and performance risk. RFP at 45, 48. The
          performance risk factor was comprised of two subfactors also of approximately
          equal importance, past performance (including technical quality, schedule, and

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