About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-420065 Nov 19, 2021 1 (2021-11-19)

handle is hein.gao/gaomkq0001 and id is 1 raw text is: 1Oo 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
a GAO Protective Order. This redacted version has
been approved for public release.
Decision
Matter of:  BAE Systems Norfolk Ship Repair, Inc.
File:      B-420065
Date:      November 19, 2021
Mark D. Colley, Esq., Stuart W. Turner, Esq., and Anna L. Dykema, Esq., Arnold &
Porter Kaye Scholer LLP, for the protester.
Rhonda L. Russ, Esq., and Candace M. Shields, Esq., Department of the Navy, for the
agency.
Alexander O. Levine, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest alleging that solicitation fails to provide sufficient information for offerors to
compete intelligently and on a common basis is denied where the solicitation provides
sufficient information for offerors to price the risks inherent in the agency's uncertain
growth work requirements.
2. Protest alleging that solicitation improperly deviates from mandatory contract
clauses is denied where the challenged term does not contravene the clauses.
DECISION
BAE Systems Norfolk Ship Repair, Inc., of Norfolk, Virginia, protests the terms of
request for proposals (RFP) No. N00024-21-R-4490, issued by the Department of the
Navy for ship repair services for the USS IWO JIMA and the USS MITSCHER. The
protester argues that the solicitation does not provide sufficient information regarding
what the Navy terms growth work requirements, i.e., additional repair work that will be
identified and defined during the course of contract performance. BAE argues that this
information is needed to enable offerors to intelligently price the work, and also asserts
that the growth work terms improperly deviate from mandatory contract clauses.

We deny the protest.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most