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B-287071 1 (2001-04-04)

handle is hein.gao/gaocrptamoq0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy 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: Universal Yacht Services, Inc. File: B-287071; B-287071.2 Date: April 4, 2001 Edward J. Tolchin, Esq., Fettmann, Tolchin & Majors, for the protester. Anthony Savas, Petchem, Inc., an intervenor. Robert M. Elwell, Esq., and George N. Brezna, Esq., Department of the Navy, for the agency. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Proposal that failed to conform to a material solicitation requirement was technically unacceptable and could not form the basis for award. DECISION Universal Yacht Services, Inc. (UYS) protests the award of a contract to Petchem, Inc. under request for proposals (RFP) No. N00033-00-R-1033, issued by the Department of the Navy, Military Sealift Command, for a personnel transfer vessel (PTV) which will be used to conduct open ocean transfers of passengers and cargo between sea-borne submarines and the shore in the area of Port Canaveral, Florida. UYS contends that the agency improperly waived a material solicitation requirement for Petchem and improperly accepted Petchem's nonconforming proposal for award. We sustain the protest. The RFP, issued as a total small business set-aside on September 22, 2000, contemplated the award of a fixed-price time charter contract for a base period and three 1-year option periods.' RFP Cover Sheet; RFP at 2-4, 26. The RFP's statement of work contained a 2-page list of required minimum vessel characteristics. As 1 A time charter is a maritime contract giving the charterer--here, the agency-- exclusive use of a named vessel for a designated period of time. Contracting Officer's (CO) Statement at 1 n.2.

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