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B-293706.5 1 (2004-09-10)

handle is hein.gao/gaocrptaplz0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability 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: Gulf Copper Ship Repair, Inc. File: B-293706.5 Date: September 10, 2004 Robert E. Korroch, Esq., Francis E. Purcell, Jr., Esq., Megan E. Burns, Esq., and K. Lee Westnedge, Esq., Williams Mullen, for the protester. John R. Tolle, Esq., and William T. Welch, Esq., Barton, Baker, McMahon, Hildebrant & Tolle, for Anteon Corporation, and Peter B. Jones, Esq., and Brian J. Donovan, Esq., Jones & Donovan, for Southwest Marine, Inc., the intervenors. Craig L. Kemmerer, Esq., and Rhonda L. Russ, Esq., Department of the Navy, for the agency. Charles W. Morrow, Esq., John L. Formica, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency acted improperly when, in taking corrective action in response to a prior protest, it conducted discussions only with one of the previously selected awardees, rather than with all offerors whose proposals had been in the competitive range and had been considered by the agency in performing its best value analysis. DECISION Gulf Copper Ship Repair, Inc. protests the Department of the Navy's award of separate contracts to Anteon Corporation and Southwest Marine, Inc., under request for proposals (RFP) No. N62678-03-R-0051, for the maintenance and repair of mine countermeasures (MCM) and coastal minehunter (MHC) class ships. Gulf Copper protests, among other things, that the agency improperly favored Anteon when, in taking corrective action in response to a prior protest, it conducted discussions only with Anteon. We sustain the protest. BACKGROUND The RFP provided for the award of two cost-plus-incentive-fee contracts for material, services, and facilities, as required, to perform scheduled maintenance, continuous maintenance and emergent repairs on 14 MCM and 12 MHC class ships

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