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B-289233 1 (2002-01-10)

handle is hein.gao/gaocrptaoch0001 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 Washington, DC 20548 Decision Matter of: Keystone Ship Berthing, Inc. File: B-289233 Date: January 10, 2002 Lars E. Anderson, Esq., and Paul N. Wengert, Esq., Venable, Baetjer & Howard, for the protester. Daniel W. Wentzell, Esq., and Sean M. Costello, 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 Where layberth services are critical to maintaining the mission readiness of ships, the agency reasonably included in the solicitation a risk allocation clause that serves as an incentive to the contractor to anticipate contingencies and to act in a manner that will minimize any disruptions in contract performance. DECISION Keystone Ship Berthing, Inc. (KSB) protests the reduction in contract clause included in request for proposals (RFP) No. N00033-01-R-5300, issued by the Department of the Navy, Military Sealift Command (MSC), for fixed-price, per diem layberth services for seven Large Medium Speed Roll-On, Roll-Off (LMSR) government-owned, contractor-operated vessels that provide sealift capacity for unit equipment, including vehicles and rotary wing aircraft, in support of Army divisions and other units. The LMSRs are normally maintained at a reduced operating status at layberths for extended periods until deployed. KSB maintains that the RFP's reduction in contract clause is directly contrary to, and in effect nullifies, provisions in the Federal Acquisition Regulation (FAR) addressing post-award contract administration matters. We deny the protest.

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