Maritime Berthing, Inc., B-284123.3, April 27, 2000

B-284123.3 Apr 27, 2000 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The agency's determination that the awardee's proposal met a requirement limiting allowable ship motions to 7 feet was unreasonable. Where prior to completing the evaluation the agency's evaluators were apprised of significant countervailing evidence that should have given them reason to doubt whether the proposal complied with that requirement. That is. Maritime contends that Violet's facility cannot meet the RFP's minimum surge requirements and that MSC unreasonably determined that Violet's proposal was acceptable in this regard. Was to procure a layberth facility and services /1/ for four Large. Which was restricted to small businesses. Or factor will result in an overall unacceptable rating of an offeror's proposal" and that "[t]he overall safety of the ship and facilities is a key consideration when evaluating the technical proposals.". View Decision Matter of: Maritime Berthing, Inc. File: B-284123.3 Date: April 27, 2000 DIGEST Attorneys DECISION Maritime Berthing, Inc. protests the award of a contract to Violet Dock Port, Inc. under Lot 1 of request for proposals (RFP) No. N00033-99-R-5303, issued by the Department of the Navy, Military Sealift Command (MSC), for layberth services. Maritime contends that Violet's facility cannot meet the RFP's minimum surge requirements and that MSC unreasonably determined that Violet's proposal was acceptable in this regard. We sustain the protest. BACKGROUND The RFP, issued as a partial small business set-aside, was to procure a layberth facility and services /1/ for four Large, Medium Speed, Roll-on/Roll-off ships (LMSR) on a fixed-priced rate basis for 3 years with two 1-year options. RFP Secs. C-1, F-1. Lot 1 of the RFP, which was restricted to small businesses, sought layberth services for two of the LMSR ships in the Gulf Coast and the Atlantic South Region. RFP Sec. C-1. The RFP provided for award to the responsible offeror with the lowest-priced, technically acceptable offer, and listed technical, price, and past performance as the evaluation factors. RFP Sec. M-2.1. The RFP identified various technical subfactors and sub-subfactors and advised that they would be evaluated on a "pass/fail" basis. RFP Sec. M-2.2. The RFP further advised that "[an] unacceptable evaluation in any sub-subfactor, subfactor, or factor will result in an overall unacceptable rating of an offeror's proposal" and that "[t]he overall safety of the ship and facilities is a key consideration when evaluating the technical proposals." RFP Sec. M-2.1. Section C-5.3 of the RFP stated: If the ships are berthed in or adjacent to a channel, 150 feet (at minimum water depths) will be considered a safe working area. In no event will the ships be berthed less than 200 feet from the limits of a transit channel in which passing traffic may be proceeding at speeds of five (5) knots or greater. Section C.6.1.2 of the RFP stated: Contractor must ensure that the ships are moored in accordance with the approved mooring plan. If the ships are not moored in accordance with an approved plan, the Contracting Officer or [Contracting Officer's Representative] must be notified in writing as soon as the discrepancy is discovered. Mooring line arrangements shall be of sufficient strength and number to minimize the magnitude of ship motions and positioned so as to not to result in excessively steep mooring line angles. . . . The pier and mooring arrangement must provide proper restraint for forces and moments generated from ships passing the layberth. The allowable ship motions will be plus or minus seven (7) feet in surge /2/ and sway directions. /3/ Among other things, the RFP required the offeror's technical proposal to contain a mooring plan for berthing the LMSR vessels. Specifically, section L-7.2A2 of the RFP stated: a. Mooring Plan. The Offeror should provide a mooring plan which should include the following at a minimum: a) detailed engineering design drawings (conceptual sketches are not acceptable); b) mooring line direction and loads (i.e. breast lines, spring lines, bow and stern lines); and c) mooring line fittings and hardware location and safe working load. . . . In this section, the Offeror should provide a brief description of the meteorological profile for the port region, including: a) maximum winds normally encountered (including hurricanes); b) primary wind directions (seasonal); c) tidal range at berth; d) speed and direction of currents and tides at the layberth; e) waves and seiche; and f) ice characteristics, if any. Additionally, the offeror will submit calculations which approximate the wind and current and any other applicable forces that may be exerted against the ship at the proposed layberth. Section L-7.2A4 of the RFP stated: a. Hazards. The Offeror should identify and describe any building located within 200 feet of the ship.