Apex Marine Ship Management Company, LLC; American V-Ships, B-278276.25; B-278276.28, September 25, 2000
Case: B-278276.25
Agency:
Date: 2000-09-25
Denied
Apex Marine Ship Management Company, LLC; American V-Ships, B-278276.25; B-278276.28, September 25, 2000
TITLE: Apex Marine Ship Management Company, LLC; American V-Ships, B-278276.25; B-278276.28, September 25, 2000
BNUMBER: B-278276.25; B-278276.28
DATE: September 25, 2000
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Apex Marine Ship Management Company, LLC; American V-Ships, B-278276.25;
B-278276.28, September 25, 2000
Decision
Matter of: Apex Marine Ship Management Company, LLC; American V-Ships
Marine, Ltd.
File: B-278276.25; B-278276.28
Date: September 25, 2000
Marc J. Fink, Esq., Anne E. Mickey, Esq., and Heather M. Spring, Esq., Sher
& Blackwell, for Apex Marine Ship Management Co., LLC; and Eric J. Marcotte,
Esq., Robert A. Mangrum, Esq., Scott A. Schipma, Esq., Paul S. Ebert, Esq.,
and Adam B. Walker, Esq., Winston & Strawn, for American V-Ships Marine,
Ltd., the protesters.
Kevin M. Kordziel, Esq., Laura K. Kennedy, Esq., and David A. Leib, Esq.,
Jenner & Block, for American Overseas Marine Corporation; Robert G. Fryling,
Esq., and Edward J. Hoffman, Esq., Blank, Rome, Comisky & McCauley, for
Keystone Shipping Services, Inc.; Bradley Gilman, Esq., and Carl Winner,
Esq., Robertson, Monagle & Eastaugh, for Ocean Duchess, Inc.; Timothy F.
Noelker, Esq., Michael G. Roberts, Esq., Linda L. Shapiro, Esq., and Steven
E. Kellogg, Esq., Thompson Coburn, for Crowley Liner Services, Inc.,
intervenors.
Janis P. Rodriguez, Esq., Michael Rose, Esq., and J. Patrick Wiese, Esq.,
Maritime Administration, Department of Transportation, for the agency.
Paul E. Jordan, Esq., Glenn G. Wolcott, Esq., and Paul Lieberman, Esq.,
Office of the General Counsel, GAO, participated in the preparation of the
decision.
DIGEST
1. Agency's comprehensive technical evaluation report, which summarizes
individual evaluators' comments and assessments and explains the evaluated
strengths of each proposal on a factor-by-factor basis, provides an adequate
basis for GAO to review the agency's evaluation and determine that it was
not arbitrary.
2. Where proposals are considered acceptable and within the competitive
range, the agency is not obligated to discuss every aspect of a proposal
that receives less than the maximum score; here, agency satisfied its
obligation to provide meaningful discussions.
3. Price/technical tradeoffs in best value determination, based on combined
technical/risk scores, evaluators' recommendations, limits to numbers of
awards, and economy of scale pricing are reasonably supported by the record
as a whole, which includes comments of evaluators and reasoning of selection
board, as verified by consideration of a price-per-technical-point
calculation.
DECISION
Apex Marine Ship Management Company, LLC, and American V-Ships Marine Ltd.,
protest the award of contracts to other offerors under request for proposals
(RFP) No. DTMA91-97-R-00002, issued by the Maritime Administration (MARAD),
Department of Transportation, for the operation and maintenance of ships in
the Ready Reserve Force (RRF). [1] The protesters assert that the agency
improperly evaluated technical/management proposals, failed to conduct
meaningful discussions, and failed to make a proper best value
determination.
We deny the protests.
BACKGROUND
This procurement has a long and tortured history. The solicitation was first
issued in August 1997, and has now been amended 32 times; as amended, it
seeks proposals for the operation and management of 74 RRF vessels. [2] The
RFP contemplated award of multiple fixed-price contracts, with certain
cost-reimbursable line items, at an estimated total cost in excess of $1
billion during a 5-year performance period. Each of the ships is to be
maintained within a designated readiness status, as specified by the
Department of Defense (DOD), which ranges from 4 to 30 days.
Twenty-three offerors submitted initial proposals by the original October
1997 closing date; eighteen proposals were included in the competitive
range. [3] In June 1998, the agency announced contract awards to 10
offerors. After various protests were filed, the agency determined that
errors had been made in the source selection process. As a result of this
determination, the agency rescinded the contract awards and reopened
discussions with the competitive range offerors. [4]
As part of its corrective action, the agency issued RFP amendment No. 0012,
which reflected various revisions and clarifications regarding the proposal
evaluation process. Among other things, section M of the RFP, as amended,
advised offerors as follows:
Technical/Management proposals will be evaluated quantitatively under
Technical/Management Evaluation Factors for understanding and compliance
with the requirements.
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