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B-419445 Mar 04, 2021 1 (2021-03-04)

handle is hein.gao/gaobaecqb0001 and id is 1 raw text is: 1O o U.S. GOVERNMENT ACCOUNTABILITY OFFICE A Century of Non-Partisan Fact-Based Work 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 version has been approved for public release. Matter of: Omni2Max File: B-419445 Date: March 4, 2021 Wayne A. Keup, Esq., Wayne A. Keup, PLLC, for the protester. Robert Young, Esq., and Jeffrey Davenport, Esq., Department of the Navy, for the agency. Michael Willems, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging protester's exclusion from competition is denied where the solicitation required evidence of legally enforceable agreements, and the protester did not provide such evidence. DECISION Omni2Max, a small business of La Mesa, California, protests its exclusion from competition under solicitation No. N32205-18-R-4041 issued by the Department of the Navy, Military Sealift Command, for the charter of a vessel to support a towed array sensor system. The protester alleges that the agency unreasonably excluded its proposal from the competition for failing to demonstrate that Omni2Max possessed the requisite legal interest in the vessel it proposed, per the terms of the solicitation. We deny the protest. BACKGROUND The agency issued the request for proposals (RFP) on June 16, 2020, seeking to charter a vessel for a period of up to four years and eleven months. Memorandum of Law (MOL) at 1. The solicitation provided that award would be made to the lowest- priced, technically acceptable offeror considering the following evaluation factors: (1) critical submission data; (2) technical; (3) past performance; and (4) price. Agency Report (AR), Tab 4, Request for Proposals (RFP) at 54. Relevant to this protest, concerning the critical submission data evaluation factor, the solicitation required offerors to certify that they: (1) owned the proposed vessel; (2) were the bareboat

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