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I
G A 0Comptroller General
. .Accountability * Integrity Reliability of the United States
United States General Accounting Office
Washington, DC 20548
Decision
Matter of: Gulf Copper Ship Repair, Inc.
File: B-292431
Date: August 27, 2003
William L. Mercer for the protester.
John R. Tolle, Esq., and William T. Welch, Esq., Barton, Baker, McMahon & Tolle, for
the intervenor.
John B. Dale, Esq., and Susan S. Grooms, Esq., Naval Sea Systems Command, for the
agency.
Sharon L. Larkin, Esq., Guy R. Pietrovito, Esq., and James A. Spangenberg, Esq.,
Office of the General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Agency's selection of proposal that failed to conform to a minimum water depth
specification is an unobjectionable waiver of the solicitation requirement, where
deviation is negligible and does not result in prejudice to the protester.
2. Under a solicitation with two evaluation factors, past performance and price, that
contemplates a best value award, agency reasonably selected lower priced
proposal from firm whose past performance was reasonably rated neutral instead of
higher priced proposal of protester whose past performance was rated very good.
DECISION
Gulf Copper Ship Repair, Inc. protests the award to Anteon Corp. by the Department
of the Navy under request for proposals (RFP) No. N62678-03-R-0049 for ship
maintenance and repair. Gulf challenges the acceptability of Anteon's proposal, the
agency's methodology in evaluating past performance, and the source selection
decision.
We deny the protest.
The RFP provides for award of a fixed-price contract for the phased maintenance
of the USS Heron. RFP at B-1. Award was to be made on a best value basis,
considering past performance and price, with past performance being
approximately equal to ... [, but] more important than price. RFP at M-2, 3. The](ViewImageLocal?handle=hein.gao/gaobacykg0001&div=1&collection=&method=preview&ext=.png&size=3)