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B-284123.3 1 (2000-04-27)

handle is hein.gao/gaocrptakzp0001 and id is 1 raw text is: 



                   -e GeAtOa
 E                                                               Comptroller General
                                                                  of the United States
United States General Accounting 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: Maritime Berthing, hie.

         File:       B-284123.3

         Date:       April 27, 2000


         Wm. Craig Dubishar, Esq., William L. Walsh, Jr., Esq., and Lars E. Anderson, Esq.,
         Venable, Baetjer & Howard, for the protester.
         Harry R. Silver, Esq., Ober, Kaler, Grimes & Shriver, for Violet Dock Port, Inc., an
         intervenor.
         David G. Ranowsky, Esq., and George N. Brezna, Esq., Department of the Navy, for
         the agency.
         Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         On a solicitation for ship layberth services to be awarded to the offeror submitting
         the low-priced, technically acceptable proposal, the agency's determination that the
         awardee's proposal met a requirement limiting allowable ship motions to 7 feet was
         unreasonable, even though the proposal on its face provided evidence that it did
         meet that requirement, where prior to completing the evaluation the agency's
         evaluators were apprised of significant countervailing evidence that should have
         given them reason to doubt whether the proposal complied with that requirement,
         that is, a report from the agency's on-site representative that the awardee's facility
         did not meet this requirement on an on-going contract, and where the record now
         demonstrates that the proposal contained insufficient information to determine
         c o mplianc e.
         DECISION

         Maritime Berthing, Inc. protests the award of a contract to Violet Dock Port, Inc.
         under Lot 1 of request for proposals (RFP) No. N00033-99-R-5303, issued by the
         Department of the Navy, Military Sealift Command (MSC), for layberth services.
         Maritime contends that Violet's facility cannot meet the RFP's minimum surge
         requirements and that MSC unreasonably determined that Violet's proposal was
         acceptable in this regard.


We sustain the protest.

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