U.S. Marine Management, Inc. (N32205-20-R-4143)

B-420468 Apr 14, 2022 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights U.S. Marine Management, Inc., of Norfolk, Virginia, protests the award of a contract to Crowley Government Services, Inc., of Jacksonville, Florida, under request for proposals (RFP) No. N3220520R4143, issued by the Department of the Navy, Military Sealift Command, for the time charter of an ice-class tanker vessel with identified specifications and capabilities. The protester contends that the agency improperly waived or relaxed multiple solicitation requirements and unreasonably evaluated the awardee's proposal under the technical and price factors. We dismiss 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: U.S. Marine Management, Inc. File: B-420468 Date: April 14, 2022 Robert E. Korroch, Esq., Anthony A. Anikeeff, Esq., and Lauren N. Pennington, Esq., Williams Mullen, for the protester. James Y. Boland, Esq., Lindsay M. Reed, Esq., and Allison M. Siegel, Esq., Venable LLP, for Crowley Government Services, Inc., the intervenor. Ann C. Calabrese, Esq., Department of the Navy, for the agency. Christopher Alwood, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency’s evaluation of the awardee’s proposal under the technical and price evaluation factors is dismissed where the protester cannot demonstrate that it is an interested party to raise these grounds of protest. 2. Protest contending that the agency waived or relaxed certain solicitation requirements for the awardee is dismissed as untimely where the protester filed it more than 10 days after it knew the bases for its grounds of protest and the debriefing exception to our timeliness rules does not apply because the protester’s post-award debriefing was not a required debriefing. DECISION U.S. Marine Management, Inc., of Norfolk, Virginia, protests the award of a contract to Crowley Government Services, Inc., of Jacksonville, Florida, under request for proposals (RFP) No. N3220520R4143, issued by the Department of the Navy, Military Sealift Command, for the time charter of an ice-class tanker vessel with identified specifications and capabilities. The protester contends that the agency improperly waived or relaxed multiple solicitation requirements and unreasonably evaluated the awardee’s proposal under the technical and price factors. We dismiss the protest. BACKGROUND On March 23, 2021, the Navy issued the RFP under the commercial item procedures of Federal Acquisition Regulation (FAR) part 12, using the negotiated procurement policies and procedures established under FAR part 15, seeking proposals for a time charter of an ice-class tanker vessel for the transportation of petroleum and other cargo. Request for Dismissal, encl. 1, RFP[1] at 1, 87. The solicitation contemplated the award of a contract for a 12‑month base period, three 1‑year option periods, and one 11‑month option period, for a potential total period of performance of 59 months. RFP at 41. The RFP established that award would be made on a lowest-price, technically acceptable basis, considering the following evaluation factors: critical submission data, technical, past performance, and price. Id. at 71. The RFP set forth many requirements for the successful charter vessel, including, as relevant here, that it must be a U.S. flagged vessel upon delivery; that if it would be more than 15 years old during performance, the vessel must be enrolled in a relevant condition assessment program; and that the vessel could not exceed specified maximum deadweight tonnage and displacement measurements at the loading terminal. See RFP at 21; see also Protest at 11. Also, the RFP included FAR provision 52.212-1, which states that offers “may be withdrawn by written notice received at any time before the exact time set for receipt of offers.” FAR provision 52.212-1(f)(5). On May 1, 2021, Marine Management submitted three proposals in response to the RFP: one proposing the vessel Maersk Peary for a term of 36 months; one proposing the vessel Maersk Peary and an unnamed replacement vessel for a term of 59 months; and one proposing the vessel CB Adriatic for a term of 59 months. Protest at 5. Between August 12 and August 26, the agency conducted initial discussions with Marine Management regarding its three proposals. Id.; see Response to Req. for Dismissal, exh. 2, Competitive Range Notice. On September 7, in response to discussions, Marine Management submitted a revised proposal for its 59‑month Maersk Peary and replacement vessel offer and reaffirmed its 36‑month Maersk Peary proposal without revisions. Id. at 5-6. Also on September 7, Marine Management withdrew the CB Adriatic proposal via email to the agency. Id.