Day Zimmermann Hawthorne Corporation, B-287121, March 30, 2001

B-287121 Mar 30, 2001 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights " in solicitation that includes requirements for ordnance handling and support services is denied where the record shows that the Navy's decision was reasonable. 2. Protest that solicitation that includes requirements for ordnance handling and support services imposes inordinate and unjustified risks that unduly restrict competition is denied where the solicitation provided offerors with extensive detail in order to inform them about any risks that might exist in the performance of the contract and imposed numerous safety requirements that limit those risks. Where competition does not appear to have been unduly restricted. The procurement is being conducted pursuant to Office of Management and Budget (OMB) A-76 cost comparison guidelines. View Decision Matter of: Day Zimmermann Hawthorne Corporation File: B-287121 Date: March 30, 2001 DIGEST Attorneys DECISION Day Zimmermann Hawthorne Corporation (DZHC) protests the terms of request for proposals (RFP) No. N00244-00-R-0021, issued by the Department of the Navy to obtain ordnance handling operations support and specific base operations support services for the Naval Weapons Station Seal Beach, California and its detachment in Fallbrook, California. The procurement is being conducted pursuant to Office of Management and Budget (OMB) A-76 cost comparison guidelines. DZHC contends that the solicitation improperly fails to include the clause at Federal Acquisition Regulation (FAR) Sec. 52.250-1, "Indemnification Under Public Law 85-804," and imposes inordinate and unjustified risks that unduly restrict competition. DZHC also contends that the Navy will have an unfair competitive advantage during the cost comparison. We deny the protest. These services are required to support Seal Beach's mission as the primary retail ammunition supply point for the West Coast. The selected service provider is to provide responsive, reliable, affordable, and cost-effective ammunition receipt, segregation, storage, and issue operations at Seal Beach and Fallbrook, as well as reliable and cost-effective facilities operation and maintenance and other specified support services to Navy and other defense and federal tenants at these installations. Among the services to be provided are facilities operation, maintenance and repair; transportation; bachelor quarters operation and maintenance; administrative support; Navy Occupational Safety and Health program support; environmental program support; contingency preparedness; and ordnance handling operations. The Navy plans to select the best value proposal for the cost comparison with the in-house management plan. If the results of the cost comparison favor performance by contract, the Navy anticipates the award of a fixed-price contract with award fee provisions to the private contractor. The ordnance handling operations function includes receiving, segregating, storing, repackaging, moving, lifting, transporting, and issuing conventional ammunition, mines, torpedoes, missiles, and components at the Seal Beach and Fallbrook installations. RFP attach. 1, annex 10, Sec. 10.1.1. The Navy expects the service provider to use to full advantage the equipment and facilities provided by the government to offer the safest and most efficient ordnance handling services possible. In this regard, the RFP required that these services be conducted in accordance with a wide range of safety-related guidance and directives, and set forth numerous specific criteria and standards for their performance. Id. Secs. 10.1.3, 10.1.10.1. Among other things, since any site where ordnanc e is handled or stored requires large surrounding areas free of inhabited structures and other facilities where human life might be endangered, the service provider was to ensure that all handling, storage, movement, and shipment of ordnance was conducted within each station's explosive safety quantity-distance limits, i.e., safety zones. Id. Sec. 10.1.3; RFP Sec. C.1.5.1. The RFP cautioned that the services will rely heavily on knowledgeable, experienced individuals capable of identifying potential safety risks, assessing the immediate need, and applying all actions necessary to control and eliminate the danger and perform the mission, and established minimum requirements for proposed ordnance handling operations personnel. RFP at 19-21. The RFP included extensive historical workload data associated with these services in order to assist contractors in preparing their proposals. RFP attach. 1, annex 10. Since the installations encompass environmentally and historically sensitive lands, the service provider is required to comply with all applicable federal, state, and local environmental laws and statutes, and with all Department of Defense and Navy prescriptive environmental requirements. RFP Sec. C.1.5.3.