Seaward Services, Inc. (N32205-20-R-3004)

B-420580,B-420580.2 Jun 13, 2022 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Seaward Services, Inc. (SSI), of Norfolk, Virginia, protests the award of a contract to TOTE Services, LLC, of Jacksonville, Florida, under request for proposals (RFP) No. N32205-20-R-3004, issued by the Department of the Navy, Military Sealift Command, for services in connection with the worldwide operation, maintenance and repair of the USNS Guam. SSI maintains that the agency unreasonably evaluated proposals and made an unreasonable source selection decision. We sustain 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: Seaward Services, Inc. File: B-420580; B-420580.2 Date: June 13, 2022 Michael L. Waldman, Esq., Deneen J. Melander, Esq., and Leslie C. Esbrook, Esq., Kramer Levin Neftalis & Frankel, LLP d/b/a Kramer Levin Robbins Russel, for the protester. Howard W. Roth, Esq., Jedidiah K. Blake, Esq., and Nicole Wolf, Esq., Oles Morrison Rinker & Baker, LLP, for TOTE Services, LLC, an intervenor. Davis Young, Esq., Patrick Mayette, Esq., DJ Thornley, Esq., Ann Caroline M. Calabrese, Esq., Courtney E. Hall, Esq., and James L. Johnsen, Esq., Department of the Navy, for the agency. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s evaluation of proposals and source selection decision is sustained where record shows that agency’s evaluation and source selection was unreasonable and not consistent with the terms of the solicitation. DECISION Seaward Services, Inc. (SSI), of Norfolk, Virginia, protests the award of a contract to TOTE Services, LLC, of Jacksonville, Florida, under request for proposals (RFP) No. N32205-20-R-3004, issued by the Department of the Navy, Military Sealift Command, for services in connection with the worldwide operation, maintenance and repair of the USNS Guam. SSI maintains that the agency unreasonably evaluated proposals and made an unreasonable source selection decision. We sustain the protest. BACKGROUND The RFP contemplates the award of a fixed-price contract on a best-value tradeoff basis for a 1-year base period and four 1-year options. Firms were advised that the agency would evaluate proposals and make award based on price, as well as several non-price factors. The non-price factors were divided among several pass/fail considerations (not relevant to the protest issues), and two “tradeoff” factors, technical approach and past performance (deemed relatively equal in importance); the two non-price “tradeoff” factors together were deemed significantly more important than price. RFP at 212-218.[1] The agency received proposals from SSI and TOTE. The agency evaluated the proposals, engaged in two rounds of discussions, and solicited, obtained and evaluated final proposal revisions.[2] After completing its evaluation, the agency assigned the following ratings:   Pass/Fail Considerations Technical Approach Past Performance   Price SSI Pass/Acceptable Good Satisfactory $45,606,758 TOTE Pass/Acceptable Good Satisfactory $39,066,900   Agency Report (AR) Exh. 63, Source Selection Decision Document (SSDD), at 4. On the basis of these evaluation results, the agency made award to TOTE, finding that its proposal represented the best value to the government. After being advised of the selection decision and requesting and receiving a debriefing, SSI filed this protest. DISCUSSION The USNS Guam, the ship that the successful contractor will operate, maintain and repair here, is a large, high-speed transport vessel with a catamaran (dual) hull constructed of aluminum, categorized as an expeditionary fast transport craft capable of sustained, high-speed travel in an open ocean environment. Because of its unique characteristics, the RFP specifically provided for evaluation of the offerors’ experience and past performance in connection with operating and maintaining aluminum-hulled vessels.