Metro Machine Corporation, B-295744; B-295744.2, April 21, 2005
Case: B-295744
Agency:
Protester: Metro Machine Corporation, B
Date: 2005-04-21
Denied
Metro Machine Corporation, B-295744; B-295744.2, April 21, 2005
TITLE: Metro Machine Corporation, B-295744; B-295744.2, April 21, 2005
BNUMBER: B-295744; B-295744.2
DATE: April 21, 2005
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DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to a GAO Protective Order.
This redacted version has been approved for public release.
Decision
Matter of: Metro Machine Corporation
File: B-295744; B-295744.2
Date: April 21, 2005
Rand L. Allen, Esq., Michael S. Caldwell, Esq., William J. Grimaldi, Esq.,
and Antonella Karlin, Esq., Wiley Rein & Fielding, for the protester.
Thomas O. Mason, Esq., Robert E. Korroch, Esq., Francis E. Purcell, Jr.,
Esq., and Megan E. Burns, Esq., Williams Mullen, for Norfolk Shipbuilding
and Drydock Corp., an intervenor.
Catherine Rubino, Esq., Craig L. Kemmerer, Esq., Janice M. Passo, Esq.,
and Rhonda L. Russ, Esq., Department of the Navy, for the agency.
Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Cost realism evaluation of offerors' proposals was unobjectionable
where record shows that agency reasonably considered the information
submitted in each offeror's proposal and that the agency's methodology and
rationale for its analysis were reasonable.
2. Contracting agency's cost realism analysis of protester's proposal was
reasonably based on information reasonably available to it, even when it
did not inquire into the conclusions of a Defense Contract Audit Agency
audit report, where the agency instead sought additional information from
the offeror itself through discussions.
3. Contracting agency engaged in meaningful discussions concerning
proposed direct and subcontractor labor rates, such that the protester
should have known and understood the agency's concerns, where it
specifically requested during written discussions that offeror explain the
rationale for the rates being proposed.
4. Protest of agency's past performance evaluation is denied where record
shows evaluation was reasonable and consistent with evaluation criteria;
mere disagreement with agency's evaluation is insufficient to show it was
unreasonable.
5. Protest that agency's source selection decision was improperly based
on a mechanical comparison of technical evaluation ratings is denied where
the record shows the allegation is without basis.
DECISION
Metro Machine Corporation protests the award of a contract to Norfolk
Shipbuilding & Drydock Corporation (Norshipco) under request for proposals
(RFP) No. N00024-04-R-4405, issued by the Naval Sea Systems Command
(NAVSEA), Department of the Navy, for the repair, maintenance, and
modernization of naval amphibious assault ships (i.e., LHA and LHD class
ships) homeported in Norfolk, Virginia. Metro alleges that the agency
conducted inadequate discussions with it, and that the agency's cost
evaluation of Metro's and Norshipco's proposals, the agency's past
performance evaluation of Metro's and Norshipco's proposals, and the
source selection decision were improper.
We deny the protests.
BACKGROUND
LHA and LHD class ships represent the largest of all amphibious warfare
ships. Each LHA and LHD ship resembles a small aircraft carrier, and is
capable of supporting various vertical, short takeoff, tiltrotor, and
rotary wing aircraft operations.
The RFP, issued on May 13, 2004, contemplated the award of a
cost-plus-award-fee contract to provide all materials, services, and
facilities necessary to perform phased maintenance on seven LHA/LHD class
ships over a 5-year period.[1] Phased maintenance is a strategy in which
maintenance is performed through a series of short, frequent phased
maintenance availabilities (PMA), in lieu of regular overhauls. The
solicitation also called for support to the Norfolk Naval Shipyard (NNSY)
in performance of drydock-phased maintenance availabilities (DPMA), which
involve putting a ship in drydock to perform repairs below the water line,
in addition to the repairs that would be performed in a PMA. The
solicitation included a total of 13 availabilities, 10 PMAs and 3 DPMAs,
together with various planning and emergent requirements for each
availability. RFP at 119-37. Additionally, the RFP mandated a minimum 40
percent small business subcontracting requirement for each scheduled
availability. Id. at 176.
The solicitation instructed offerors to base their cost proposals on a
notional, or standardized, work package included with the solicitation.
The notional work package contained 158 individual work items, which
constituted a standardized list of repairs and alterations necessary to
complete one PMA, as well as the required support to NNSY in furtherance
of one DPMA.
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