B-297413; B-297413.2; B-297413.3, Puglia Engineering of California, Inc., January 20, 2006
Case: B-297413
Agency:
Protester: B
Date: 2006-01-20
Denied
B-297413; B-297413.2; B-297413.3, Puglia Engineering of California, Inc., January 20, 2006
TITLE: B-297413; B-297413.2; B-297413.3, Puglia Engineering of California, Inc., January 20, 2006
BNUMBER: B-297413; B-297413.2; B-297413.3
DATE: January 20, 2006
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B-297413; B-297413.2; B-297413.3, Puglia Engineering of California, Inc., January 20, 2006
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: Puglia Engineering of California, Inc.
File: B-297413; B-297413.2; B-297413.3
Date: January 20, 2006
Mark G. Jackson, Esq., Derek D. Crick, Esq., and G. Matthew Koehl, Esq.,
Preston Gates & Ellis LLP, for the protester.
C. Scott Penner, Esq., John C. Dippold, Esq., and Sandip Soli, Esq.,
Carney Badley Spellman, PS, for Todd Pacific Shipyards Corporation, an
intervenor.
Talbot J. Nicholas, II, Esq., Department of Homeland Security, United
States Coast Guard, for the agency.
Paula A. Williams, Esq., and Michael R. Golden, Esq., Office of the
General Counsel, GAO, participated in the preparation of the decision.
DIGEST
1. Protest that the agency's evaluation of proposals was unreasonable and
inconsistent with the stated evaluation criteria is denied where the
record shows that the agency's evaluation was reasonable, and that the
solicitation's evaluation criteria were fairly and consistently applied in
the agency's assessment of both the protester's and the awardee's
proposals.
2. Source selection authority (SSA) performed a reasonable price/technical
tradeoff in determining that the awardee's proposal represented the best
value, where the SSA's judgment, based upon the results of a reasonable,
documented technical evaluation, demonstrates the SSA's understanding of
the evaluated strengths and weaknesses of the respective proposals, and
shows a reasonable weighing of the offerors' respective technical and
price advantages consistent with the solicitation's evaluation criteria.
DECISION
Puglia Engineering of California, Inc. (PECI) protests the award of a
contract to Todd Pacific Shipyards Corporation under request for proposals
(RFP) No. HSCG85-05-R-625306, issued by the Department of Homeland
Security, United States Coast Guard, Maintenance & Logistics Command
Pacific, for dockside maintenance services. PECI argues that the agency
conducted a flawed evaluation of proposals and failed to perform a
reasonable price realism evaluation; PECI contends that the selection
decision was flawed for these reasons, and was improper on its face.
We deny the protest.
BACKGROUND
The objective of this procurement is to improve delivery of maintenance
and dockside ship repair services for the HEALY, a Coast Guard vessel. The
HEALY is a unique research vessel used by both the national and
international scientific communities and has the most rigorous mission
schedule in the Coast Guard. The HEALY's primary mission generally lasts
from late May until mid-November when the vessel returns to its homeport
in Seattle, Washington for its annual winter maintenance. Since its
commissioning, the Coast Guard has not been able to adequately perform
vessel maintenance; therefore, the agency decided to issue a
multiple-year, multiple-option ship repair contract in order to achieve
its maintenance objectives and still serve the scientific community.
Agency Report (AR) exh. 6, Acquisition Plan, at 1.
The RFP, issued as a small business set-aside, contemplated the award of a
fixed-price contract for a 1-year base period and four 1-year option
periods. The services required are represented by four distinct types of
efforts: (1) contractor advance planning for dockside availabilities; (2)
contractor execution of dockside availabilities; (3)
interavailability/voyage repairs; and (4) provisioned item procurement
(material/equipment purchases). RFP at 3-10.
The solicitation advised offerors that, in the award selection, the
combined non-price factors would be considered significantly more
important than price. RFP amend. 5, at 3. Under the evaluation factor for
assessing technical quality, the solicitation established the following
five technical elements, listed in descending order of importance:[1] (1)
understanding scope of responsibilities (with four associated
sub-elements);[2] (2) ability to manage purchasing /subcontractor effort
(with two associated sub-elements); (3) contractor facilities (with one
associated sub-element); (4) business base information (with one
associated sub-element); and (5) past performance. RFP at 39-40.
Full decision text continues on ProtestIntel...