National Steel and Shipbuilding Company, B-281142; B-281142.2, January 4, 1999
Case: B-281142
Agency:
Protester: National Steel and Shipbuilding Company, B
Date: 1999-01-04
Denied
National Steel and Shipbuilding Company, B-281142; B-281142.2, January 4, 1999
TITLE: National Steel and Shipbuilding Company, B-281142; B-281142.2, January 4, 1999
BNUMBER: B-281142; B-281142.2
DATE: January 4, 1999
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National Steel and Shipbuilding Company, B-281142; B-281142.2, January 4,
1999
Decision
Matter of: National Steel and Shipbuilding Company
File: B-281142; B-281142.2
Date: January 4, 1999
Michael Hordell, Esq., Brian A. Darst, Esq., and Laura L. Hoffman, Esq.,
Gadsby & Hannah, for the protester.
Daniel R. Weckstein, Esq., Howard W. Roth, Esq., and Arthur Serratelli,
Esq., Vandeventer Black, for Norfolk Shipbuilding & Drydock Corporation, the
intervenor.
Daniel W. Wentzell, Esq., and Michelle C. Simms, Esq., Department of the
Navy, for the agency.
Henry J. Gorczycki, Esq., and James Spangenberg, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Discussions regarding protester's significantly understated staffing
estimates were meaningful where the protester was generally advised of a
number of significant shortfalls in its estimates, specifically informed of
the single-most significant area of concern, and advised to provide detailed
support for its estimates.
2. Technical evaluation that concluded that the protester's proposal's
staffing estimates for ship conversion work evidenced a lack of
understanding was reasonable where the proposed staffing was significantly
less than that reflected in the independent government estimate, which was
based on actual data from completed contracts for similar ship conversion
work, as well as the contract cost experiences on conversion work on sister
ships, and the protester's proposal did not provide adequate support for the
claims of substantial efficiencies as would justify such low staffing
estimates.
3. Agency's application of an "intrinsic value" cost evaluation factor
included in a solicitation for ship conversion work to credit offerors for
proposed early completion of ship repair was unobjectionable.
4. Where the solicitation gave significant evaluation weight to determining
the realism of staffing estimates to assess understanding of the scope of
work, the agency properly selected a higher-rated, higher-cost proposal that
was determined to exhibit superior understanding instead of a lower-cost
proposal, which was reasonably found to lack understanding as evidenced by
its offer of staffing levels significantly below those reasonably determined
to be necessary to perform the contract work.
DECISION
National Steel and Shipbuilding Company (NASSCO) protests the award of a
contract to Norfolk Shipbuilding & Drydock Corporation (Norshipco) under
request for proposals (RFP) No. N00033-98-R-4000, issued by the Department
of the Navy, Military Sealift Command (MSC), for the voyage repairs,
overhaul and habitability arrangements, and maintenance and repair of the
USNS Shasta. RFP at C-1. NASSCO alleges that it received inadequate
discussions, and that the agency's technical evaluation of NASSCO's
proposal, the agency's cost evaluation of NASSCO's and Norshipco's
proposals, and the source selection decision were unreasonable.
We deny the protest.
The Shasta is one of a group of Navy ammunition ships, which have been
transferred to MSC to be operated by civilian crews to provide direct
support and underway replenishment for Navy combatant ships. Agency Report,
October 26, 1998, at 1-2. MSC has or will have civilian modification
(CIVMOD) conversions performed on these ships. Id. The Shasta is in the
AE-26 class of ships, along with the USNS Mount Baker and the USNS Kiska.
Id. at 2, 9 n.6, Tab 31 at 2, 4. Contracts for similar CIVMOD work have been
recently completed by Norshipco on the Mount Baker and by South West Marine
(SWM) on the Kiska. Id.
The RFP, issued on December 23, 1997, contemplated award of a
cost-plus-award-fee contract for CIVMODs to the Shasta. RFP at B-1, L-9.1
[1] The RFP identified more than 50 work items, including option items. RFP,
at B-1, Attachment J-1.
Award was to be made to the offeror whose offer represented the best value
to the government as follows:
M-1.2 Evaluation Factors
General. In selecting the best value, the following factors will be
considered[:] 1. Technical and 2. Price to the Government. The technical
evaluation factors and factors other than cost or price, when combined, are
significantly more important than cost or price. Price will not be a
numerically weighted factor in the evaluation of proposals, neither does the
importance of price bear a linear relationship to the technical proposal nor
to the offeror's past performance record. Cost or price will be compared to
technical competence to determine the combination of the price and
technical/management approach that is most advantageous to the Government
and award will be made on this basis.
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