B-299705, Metson Marine Services, Inc., July 20, 2007

B-299705 Jul 20, 2007 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Metson Marine Services, Inc. protests the award of a contract to Seaward Services, Inc. under request for proposals (RFP) No. N00033-06-R-1012, issued by the Department of the Navy, Military Sealift Command (MSC) to obtain port operation and vessel management services for the Athena high speed research vessel system. Metson protests that the agency unreasonably concluded that its proposal was technically unacceptable, failed to conduct meaningful discussions with Metson, and conducted an unreasonable evaluation of Seaward's past performance. We deny the protest. View Decision B-299705, Metson Marine Services, Inc., July 20, 2007 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: Metson Marine Services, Inc. File: B-299705 Date: July 20, 2007 Margaret A. Dillenburg, Esq., Law Offices of Margaret A. Dillenburg, PC, and Alexander J. Brittin, Esq., Brittin Law Group, PLLC, for the protester. Richard P. Rector, Esq., and Carl L. Vacketta, Esq., DLA Piper US LLP, for Seaward Services, Inc., an intervenor. Joel A. Weger, Esq., and Pamela Castellano, Esq., Department of the Navy, Military Sealift Command, for the agency. Paula A. Williams, Esq., and Ralph O. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency reasonably determined that protester's proposal was technically unacceptable and that it would not conduct further discussions with the protester, where protester's final revised proposal, submitted after extensive discussions, failed to meet the solicitation's requirements for a key personnel position. DECISION Metson Marine Services, Inc. protests the award of a contract to Seaward Services, Inc. under request for proposals (RFP) No. N00033-06-R-1012, issued by the Department of the Navy, Military Sealift Command (MSC) to obtain port operation and vessel management services for the Athena high speed research vessel system.[1] Metson protests that the agency unreasonably concluded that its proposal was technically unacceptable, failed to conduct meaningful discussions with Metson, and conducted an unreasonable evaluation of Seaward's past performance. We deny the protest. BACKGROUND The MSC operates two Athena system vessels in support of Naval activities at the NavalSurfaceWarfareCenter in Panama City, Florida that includes engineering support, trial planning, security, and logistic support. RFP at 13. The RFP sought proposals to provide all personnel, equipment and materials necessary to support the Athena operations and contemplated the award of a fixed-price contract with reimbursable items for a base year with four 1-year options. Id. at 10, 13, 35. The RFP provided that award would be made on a –best value— basis, considering three evaluation factors: technical quality, past performance, and price. The technical quality evaluation factor was comprised of five subfactors which were equal in importance: management overview and experience; organization and personnel; operational capabilities; maintenance capabilities; and management processes. RFP at 69, 70. Although not disclosed in the solicitation, an unacceptable rating under any of the technical quality evaluation subfactors would render the technical proposal unacceptable overall. Agency Report (AR) exh. 4, Source Selection Plan (SSP), at app. E-1. The RFP advised that the technical quality evaluation factor was more important than past performance, and that the technical quality and past performance evaluation factors together were more important than price. Id.The RFP also informed offerors that in selecting the best overall proposal, the agency would consider the relative technical quality of proposals based upon the evaluation of each offeror's ability to exceed the minimum performance requirements of the solicitation. RFP at 70. Of relevance to this protest, the RFP identified various key personnel positions--such as project manager (PM)--and required offerors to propose personnel meeting the stated qualifications.[2] RFP at 24. The qualifications for the PM position were listed as –must have the equivalent of ten (10) years experience directly related to the performance requirements of this Contract— and a –Bachelor of Science Degree in management, Marine Transportation or Engineering or comparable experience.— Id. The agency received three proposals from Seaward, Metson, and a third offeror by the October 5, 2006 closing date.