Petchem Incorporated, B-287071.3, August 1, 2001

B-287071.3 Aug 01, 2001 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights For a personnel transfer vessel (PTV) which will be used to conduct open ocean transfers of passengers and cargo between sea-borne submarines and the shore in the area of Port Canaveral. Petchem contends that UYS should not have been eligible for award because its proposed PTV did not satisfy material solicitation requirements at the time of award. Contemplated the award of a fixed-price time charter /2/ contract for a base period and three 1-year option periods to the responsible offeror whose proposal was determined to be most advantageous to the government. (These three factors were equally weighted.). The RFP contained as an attachment a blank "Vessel Characteristic Sheet" on which an offeror was required to insert the particular characteristics for the vessel being proposed. View Decision Petchem Incorporated, B-287071.3, August 1, 2001 DIGEST Attorneys DECISION Petchem Incorporated protests the award of a contract to Universal Yacht Services, Inc. (UYS) under request for proposals (RFP) No. N00033-00-R-1033, issued by the Department of the Navy, Military Sealift Command, for a personnel transfer vessel (PTV) which will be used to conduct open ocean transfers of passengers and cargo between sea-borne submarines and the shore in the area of Port Canaveral, Florida. Petchem contends that UYS should not have been eligible for award because its proposed PTV did not satisfy material solicitation requirements at the time of award. We deny the protest. /1/ The RFP, issued as a total small business set-aside on September 22, 2000, contemplated the award of a fixed-price time charter /2/ contract for a base period and three 1-year option periods to the responsible offeror whose proposal was determined to be most advantageous to the government, considering price, technical characteristics of the proposed vessel, and an offeror's past performance. (These three factors were equally weighted.) The RFP's statement of work contained a list of required minimum vessel characteristics. For example, and as relevant here, the RFP contained the following minimum vessel characteristics: Characteristic Minimum Surface/Subsurface Configured to prevent Configurations metal-to-hull contact with surface/subsurface vessels under all conditions of pitch and roll Passenger Capacity 49 passengers; seating required for at least 50 percent of passengers; a sheltered HVAC area required for at least 75 percent of passengers Maximum Draft 16 feet at any time and sufficient to prevent the vessel from riding up on the submarine hull while engaging in personnel transfer operations Surface/Subsurface Fendering sufficient to prevent Fendering metal-to-metal contact with surface/subsurface vessels under all conditions of pitch and roll Brow One brow on port side to allow for safe transfer of 2 passengers at a time RFP at 6-7; RFP amend. 3 at 2. The RFP contained as an attachment a blank "Vessel Characteristic Sheet" on which an offeror was required to insert the particular characteristics for the vessel being proposed. The RFP stated that the contractor "shall provide the vessel [proposed] with the characteristics offered and accepted at the time of award." RFP at 6. The RFP also contained the following "layday" delivery provision which stated in relevant part: The Vessel . . . shall be delivered to the Charterer . . . not later than 1600 hours local time (place of delivery) on the canceling date stated in the solicitation . . . . Hire shall commence upon acceptance of the Vessel by the Charterer but not before the commencing date stated in the solicitation . . . . Charterer shall have the liberty to cancel this Charter at no cost to the Government should the Vessel . . . not be ready in accordance with the provisions hereof by the canceling date stated in the solicitation. RPF at 15. The RFP, as amended, provided that the "commencing date" was the date of award and the "canceling date" was "40 [d]ays after award." RFP amend. 9 at 2. In reopening discussions with Petchem and UYS, the agency advised the firms of technical deficiencies and weaknesses in their proposals. (The firms were advised that past performance and price would not be discussed because the agency was using the offerors' previously submitted, and evaluated, past performance and pricing information.) Petchem proposed the same vessel--the "Christine S"--which it used to successfully perform the PTV requirements under the predecessor contract. UYS proposed the vessel known as the "Captain Roy." While each firm completed a vessel characteristic sheet for its proposed vessel without taking exception to any of the RFP's minimum vessel characteristics, there was a basic difference in the proposed vessels.