Oceaneering International, Inc., B-278126; B-278126.2,
Case: B-278126
Agency:
Protester: Oceaneering International, Inc., B
Date: 1997-12-31
Denied
Oceaneering International, Inc., B-278126; B-278126.2,
BNUMBER: B-278126; B-278126.2
DATE: December 31, 1997
TITLE: Oceaneering International, Inc., B-278126; B-278126.2,
December 31, 1997
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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.
Matter of:Oceaneering International, Inc.
File: B-278126; B-278126.2
Date:December 31, 1997
Daniel J. Riley, Esq., and Stan Hinton, Esq., Baker & Botts, for the
protester.
Buel White, Esq., and Brian Cohen, Esq., Bell, Boyd & Lloyd, for
Phoenix Marine, Inc., an intervenor.
Veronica Murtha, Esq., and James Menapace, Esq., Department of the
Navy, for the agency.
Jacqueline Maeder, Esq., Glenn G. Wolcott, Esq., and Paul Lieberman,
Esq., Office of the General Counsel, GAO, participated in the
preparation of the decision.
DIGEST
1. Protest that agency improperly evaluated technical proposals is
denied where the record shows that the evaluation was reasonable and
consistent with the stated evaluation factors; protester's mere
disagreement with the agency's conclusion does not render the
evaluation unreasonable.
2. Allegation that awardee should have been disqualified as
nonresponsible for failure to demonstrate possession of a specific
line of credit is dismissed where the requirement for financial
capability at issue is not set forth in the form of a definitive
responsibility criterion.
DECISION
Oceaneering International, Inc. protests the award of a contract to
Phoenix Marine, Inc. under request for proposals (RFP) No.
N00024-97-R-4025(Q) issued by the Department of the Navy's Naval Sea
Systems Command (NAVSEA) for world-wide diving and diving-related
services. Oceaneering challenges the agency's evaluation of technical
proposals and argues that Phoenix Marine did not comply with a
definitive responsibility criterion.[1]
We deny the protest.
The RFP, issued via the Internet on October 18, 1996, contemplated the
award of a combination cost and fixed-price/indefinite quantity,
indefinite delivery contract for various diving-related services,
including underwater maintenance on ships' hulls and structures, dry-
and wet-welding, and salvage assistance. All services will be
performed in response to task orders issued on a per-diem cost plus
award fee basis (for operational services, including emergency or
field operations) or a firm, fixed-price basis (for non-operational
services not requiring field deployment).
The RFP called for the submission of separate technical and cost
proposals and advised that technical considerations were more
important than cost. The RFP provided that award would be made,
without discussions, to the offeror whose proposal, conforming to the
solicitation, was determined to be most advantageous to the
government. The evaluation factors and subfactors and the weight of
each factor or subfactor are listed below:
1. Personnel 33 percent
2. Quality Assurance Plan and Procedures27 percent
a. Quality Assurance Plan 8 percent
b. Welding and NDT Procedures[2]7 percent
c. Welding Certification Plan6 percent
d. NDT Personnel Certification6 percent
3. Corporate: Past Performance, Organization,
Management 27 percent
a. Past Performance 17 percent
b. Organization 6 percent
c. Management 4 percent
4. Equipment and Facilities 13 percent
a. Equipment 9 percent
b. Shore-based Support Facilities 4 percent
Two proposals, Oceaneering's and Phoenix Marine's, were received by
the January 24 closing date.[3] The proposals were reviewed
individually by each of the three members of the technical evaluation
review panel (TERP).[4] The evaluators rated each factor and
subfactor using adjectival ratings and corresponding point values on a
scale of 0 to 10 (9.5 to 10 for "outstanding"; 8.5 to 9.4 for
"excellent"; 7.5 to 8.4 for "good"; 6.5 to 7.4 for "acceptable"; 3.5
to 6.4 for "marginal"; and, 0 to 3.4 for "unsatisfactory").[5] The
individual scores assigned were averaged to arrive at a composite
numerical score for each of the subfactors. The numerical rating was
multiplied by the weight for the subfactor and the scores for each
subfactor were totaled. A proposal that received all outstanding
ratings would receive a maximum weighted point score of 10.
Full decision text continues on ProtestIntel...