Sealift, Inc.

B-412041.2 Dec 30, 2015 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Sealift, Inc., of Oyster Bay, New York, protests the corrective action being taken in connection with request for proposals (RFP) No. N62387-15-R-3000, issued by the Department of the Navy, Military Sealift Command (MSC), for the time charter of a vessel. Sealift argues that the corrective action is unreasonable. We deny the protest. We deny the protest. View Decision 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:  Sealift, Inc. File:  B-412041.2 Date:  December 30, 2015 Timothy B. Shea, Esq., Nemirow, Hu & Shea, for the protester. Johanna E. Crawford, Esq., and Allison M. McDade, Esq., Department of the Navy, for the agency. Louis A. Chiarella, Esq., and Nora K. Adkins, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging an agency’s corrective action is denied where the record reflects that after a prior protest, the agency took corrective action because it found the solicitation to be ambiguous regarding the agency’s tiered evaluation of offers, and where agency acted within its discretion in deciding that the identified flaws warranted cancelling and reissuing the solicitation. DECISION Sealift, Inc., of Oyster Bay, New York, protests the corrective action being taken in connection with request for proposals (RFP) No. N62387-15-R-3000, issued by the Department of the Navy, Military Sealift Command (MSC), for the time charter of a vessel.  Sealift argues that the corrective action is unreasonable. We deny the protest. BACKGROUND The RFP was issued to acquire, on behalf of the Department of the Army, the time-chartering of a container ship capable of carrying ammunition and other bulk cargo to prepositioned locations worldwide.[1]  Contracting Officer’s Statement, Nov. 4, 2015, at 1.  Relevant to the protest here, the solicitation provided for a tiered evaluation approach as follows: In accordance with [Defense Federal Acquisition Regulation Supplement] 215.203-70, this acquisition includes a tiered evaluation.  If the government receives offers from two or more responsible small business concerns that are competitive in terms of market prices, quality, and delivery, no offers received from other than small business concerns will be considered for award.  In such event, [Federal Acquisition Regulation] provision 52.219-6 (Notice of Total Small Business Set-Aside) shall be considered incorporated by reference. If the Government does not receive offers from two or more responsible small business concerns that are competitive in terms of market price, quality, and delivery; all offers, including offers from other than small business concerns, will be considered for award. RFP § M-1, see also § L-1 (“[a]fter the deadline for receipt of initial offers has passed, offers will be reviewed to determine whether two or more offers from responsible small business concerns have been received that are competitive in terms of market price, quality, and delivery . . . ). Three small business concerns, including Sealift, and one large business concern (Maersk Line Limited) submitted proposals by the solicitation’s closing date.[2]  The agency evaluated proposals and found that none of the small business proposals met all PWS requirements.  Agency Report (AR), Tab 5, Contracting Officer’s Determination, Mar. 17, 2015, attach.