Antico Cantiere Del Legno Giovanni Aprea Di Cataldo S.R.L.

B-415549 Dec 06, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Antico Cantiere Del Legno Giovanni Aprea Di Cataldo S.R.L. (Antico), of Sorrento, Italy, challenges the terms of request for quotations (RFQ) No. N68171-18-Q-0003, issued by the Department of the Navy for storage and teak deck repair of the Grazia II, an Admiral's barge. The protester argues that the agency's requirement for hauling the Grazia II using a boat ramp, boat cradle, and winch heaving system is unduly restrictive of competition. We deny the protest. We deny the protest. View Decision Decision Matter of:  Antico Cantiere Del Legno Giovanni Aprea Di Cataldo S.R.L. File:  B-415549 Date:  December 6, 2017 Dr. Matteo Zappile, USCOMED Consulting Services, for the protester. Robert L. Kois, Jr., Esq., and Scott E. Miller, Esq., Department of the Navy, for the agency. Young H. Cho, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation requirements as unduly restrictive is denied where the record supports the agency's position that the requirement is reasonably necessary to meet the agency's needs. DECISION Antico Cantiere Del Legno Giovanni Aprea Di Cataldo S.R.L. (Antico), of Sorrento, Italy, challenges the terms of request for quotations (RFQ) No. N68171-18-Q-0003, issued by the Department of the Navy for storage and teak deck repair of the Grazia II, an Admiral's barge.  The protester argues that the agency's requirement for hauling the Grazia II using a boat ramp, boat cradle, and winch heaving system is unduly restrictive of competition. We deny the protest. BACKGROUND The RFQ, issued on October 12, 2017, under Federal Acquisition Regulation (FAR) part 13, contemplated the award of a single, fixed-price contract on a lowest-price, technically acceptable basis to remove the Grazia II from the water; transport and place the craft into sheltered storage; and repair the existing teak decking and perform a visual inspection of the existing structure.  See RFQ at 12-13; Agency Report (AR), Memorandum of Law (MOL) at 1.  As relevant here, as part of the RFQ's requirements for dry-docking, the solicitation specifically required the following: 3.1 Remove the Grazie II Admiral Barge from water. Criteria for removing [c]raft from the water: 1.A boat cradle with suitable dimension to satisfy requirement of 1.3.1 is to be utilized to transfer the craft in designated storage site. 2.Boat ramp with winch heaving system. 3.1.1 The craft will be removed thru the use of a boat ramp and winch heaving system. RFQ at 12.  Section 1.3.1 provided that the Grazie II was a "52 Foot Chris Craft, 14-7/8 Inch Beam, Hoisting Weight 40,000 lbs."  Id. Prior to the solicitation closing date, Antico filed this protest. DISCUSSION The protester argues that the solicitation was written around the incumbent contractor's services and excludes from the competition other vendors with alternate technical approaches for dry-docking.[1]  See Protest at 3-4.   In response, the agency acknowledges that its use of a specific haul-out method for the Grazia II is restrictive, but asserts that it is reasonably necessary to meet the agency's needs.  AR, MOL at 4.  The agency defends the reasonableness of the requirements with a declaration from the Grazia II's captain, who has twenty years of experience as captain of the boat.  See AR, Tab 1, Declaration of Grazia II Captain.  The agency first explains that the Grazia II is a 52 foot long boat built in 1964 and is entirely of wooden construction, including the hull, keel, and structural members.  Id.; see also Contracting Officer's Statement (COS) at 1.   The agency next explains that there are a limited number of methods to haul a boat the size of the Grazia II out of the water and that each method introduces stresses that can damage the hull and the structure.  AR, MOL at 5; AR, Tab 1, Declaration of Grazia II Captain at 1.  The agency also explains that it has required the use of a cradle and winch heaving system to pull the Grazia II up a boat ramp for haul-out and storage for many years.[2]  Id.  In this regard, the agency explains that this method ensures that the Grazia II is in the same cradle during the haul-out, transport, and during its storage at the contractor's facility, which reduces stress to the hull.  Id. The agency further states the only time the Grazia II suffered damage during a haul-out was in 2002 when a travel lift, cradle, and slings were used to lift the boat out of the water and a motorized trolley was used to transport the boat into storage.  AR, MOL at 5; AR, Tab 1, Declaration ofGrazia II Captain at 1-2.