[Protest of USMS Contract Award for Towing and Vehicle Storage]
Highlights
A firm protested a United States Marshals Service (USMS) contract award for the towing, storage, maintenance, and disposal of seized vehicles, contending that USMS: (1) should have rejected the awardee's bid as technically unacceptable, since it failed to meet a solicitation requirement; (2) unreasonably evaluated the bids; and (3) improperly made award solely on the basis of price. GAO held that: (1) the awardee did not take exception to the solicitation specification; (2) USMS reasonably evaluated the awardee's bid in accordance with the solicitation's evaluation criteria; and (3) USMS adequately documented its source selection decision and reasonably made award to the technically acceptable low bidder. Accordingly, the protest was denied.
A-22838, MAY 16, 1928, 7 COMP. GEN. 729
PAY - SUBMARINE DUTY - NAVAL OFFICERS UNDER THE ACT OF APRIL 9, 1928, 45 STAT. 412, PROVIDING THAT "OFFICERS OF THE NAVY ON DUTY ON BOARD A SUBMARINE OF THE NAVY SHALL, WHILE SO SERVING, RECEIVE 25 PERCENTUM ADDITIONAL OF THE PAY OF THEIR RANK AND SERVICE AS NOW PROVIDED BY LAW," RIGHT TO SUCH ADDITIONAL PAY DOES NOT ACCRUE WHILE THE OFFICER IS ABSENT FROM THE VESSEL ON LEAVE.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, MAY 16, 1928:
THERE HAS BEEN RECEIVED YOUR LETTER OF MAY 4, 1928, INCLOSING PROPOSED CHANGE IN SECTION B OF ,PAY BILL INSTRUCTIONS" AND ESTABLISHING A SECTION I OF SUCH INSTRUCTIONS RELATING TO ADDITIONAL COMPENSATION FOR SUBMARINE AND DIVING DUTY AS PROVIDED IN THE ACT OF APRIL 9, 1928, 45 STAT. 412, AND REQUESTING DECISION WHETHER THESE INSTRUCTIONS, IN SO FAR AS THEY INVOLVE DISBURSEMENTS, ARE IN CONFORMITY WITH THE LAW.
THE PROPOSED INSTRUCTIONS ARE AS FOLLOWS:
PAGE B13, PARAGRAPH 4, STRIKE OUT SUBPARAGRAPHS (C), (D), AND (E), AND CHANGE SUBPARAGRAPH (F) TO (C).
SECTION I
ADDITIONAL COMPENSATION FOR SUBMARINE DUTY AND DIVING DUTY
1. THE ACT OF APRIL 9, 1928, TO PROVIDE ADDITIONAL PAY FOR PERSONNEL OF THE UNITED STATES NAVY ASSIGNED TO DUTY ON SUBMARINES AND TO DIVING DUTY, PROVIDES:
"THAT HEREAFTER ALL OFFICERS OF THE NAVY ON DUTY ON BOARD A SUBMARINE OF THE NAVY SHALL, WHILE SO SERVING, RECEIVE 25 PERCENTUM ADDITIONAL OF THE PAY FOR THEIR RANK AND SERVICE AS NOW PROVIDED BY LAW; AND AN ENLISTED MAN OF THE UNITED STATES NAVY ASSIGNED TO DUTY ABOARD A SUBMARINE OF THE NAVY, OR TO THE DUTY OF DIVING, SHALL, IN LIEU OF THE ADDITIONAL PAY NOW AUTHORIZED, RECEIVE PAY, UNDER SUCH REGULATIONS AS MAY BE PRESCRIBED BY THE SECRETARY OF THE NAVY, AT THE RATE OF NOT LESS THAN $5 PER MONTH, AND NOT EXCEEDING $30 PER MONTH, IN ADDITION TO THE PAY AND ALLOWANCES OF HIS RATING AND SERVICE: PROVIDED, THAT DIVERS EMPLOYED IN ACTUAL SALVAGE OPERATIONS IN DEPTHS OF OVER NINETY FEET SHALL, IN ADDITION TO THE FOREGOING, RECEIVE THE SUM OF $5 PER HOUR FOR EACH HOUR OR FRACTION THEREOF SO EMPLOYED.'
THIS ACT REPEALS ALL PRIOR LAWS PROVIDING EXTRA PAY FOR SUBMARINE DUTY AND DIVING DUTY, AND IS EFFECTIVE APRIL 9, 1928.
2. OFFICERS WHILE ON DUTY ON BOARD A SUBMARINE OF THE NAVY ARE ENTITLED TO 25 PERCENTUM OF THEIR BASE PAY PLUS LONGEVITY. SUBMARINE PAY WILL BE CREDITED FROM THE DATE AN OFFICER ACTUALLY REPORTS FOR DUTY ON BOARD A SUBMARINE OF THE NAVY AND SHALL TERMINATE ON THE DATE HE IS DETACHED FROM DUTY ON BOARD A SUBMARINE AS EVIDENCED BY INDORSEMENTS ON HIS ORDERS. INITIAL CREDITS OF SUBMARINE PAY IN THE CASE OF OFFICERS WILL BE SUBSTANTIATED BY CERTIFIED COPY OF AN OFFICER'S ORDERS TO SUBMARINE DUTY. SUBSEQUENT CREDITS WILL BEAR REFERENCE TO THE MONTH OR QUARTER IN WHICH THE ORDERS ARE FILED. AN OFFICER ATTACHED TO A SUBMARINE IS ENTITLED TO SUBMARINE PAY DURING PERIODS OF AUTHORIZED LEAVE NOT IN EXCESS OF STATUTORY LEAVE LIMIT.
3. ENLISTED MEN ASSIGNED TO DUTY ABOARD SUBMARINES SHALL RECEIVE PAY, IN ADDITION TO THE PAY AND ALLOWANCES OF THEIR RATING AND SERVICE, AS FOLLOWS:
(A) ENLISTED MEN REGULARLY ATTACHED TO SUBMARINES IN COMMISSION BASED AT SHORE SUBMARINE BASES, AS LISTED IN THE CURRENT OPERATING FORCE PLAN OF CHIEF OF NAVAL OPERATIONS: UNQUALIFIED MEN ------------ ------------------ ------ PER MONTH -- $5.00 QUALIFIED MEN ------------ --------------------- ---------- DO ---- 20.00 CHIEF PETTY OFFICERS AND PETTY OFFICERS, FIRST CLASS, AFTER ONE YEAR FROM DATE OF DESIGNATION AS "QUALIFIED FOR SUBMARINE TORPEDO-BOAT WORK" ------------------------ -------- PER MONTH -- 25.00
(B) ENLISTED MEN REGULARLY ATTACHED TO SUBMARINES IN COMMISSION, NOT BASED AT SHORE SUBMARINE BASES, AS LISTED IN THE CURRENT OPERATING FORCE PLAN OF CHIEF OF NAVAL OPERATIONS: UNQUALIFIED MEN ------------- --------- -------------- PER MONTH - $10.00 QUALIFIED MEN ------------- ------------ ----------------- DO ---- 25.00 CHIEF PETTY OFFICERS AND PETTY OFFICERS, FIRST CLASS, AFTER ONE YEAR FROM DATE OF DESIGNATION AS "QUALIFIED FOR SUBMARINE TORPEDO-BOAT WORK" ----------------------- --------------------- - PER MONTH - 30.00
(C) ENLISTED MEN, ASSIGNED BY THE COMMANDING OFFICER SUBMARINE BASE, NEW LONDON, CONN; TO DUTY ABOARD A SUBMARINE FOR INSTRUCTION, $5.00 PER MONTH.
4. ENLISTED MEN DESIGNATED AS DIVERS SHALL RECEIVE PAY IN ADDITION TO THE PAY AND ALLOWANCES OF THEIR RATING AS FOLLOWS:
(A) MASTER DIVERS, AS LONG AS DESIGNATED AS SUCH, $20.00 PER MONTH; DIVERS, 1ST CLASS, AS LONG AS DESIGNATED AS SUCH, $15.00 PER MONTH; DIVERS, 2ND CLASS, AS LONG AS DESIGNATED AS SUCH, $10.00 PER MONTH.
(B) IN ADDITION TO THE ABOVE, MASTER DIVERS AND DIVERS, FIRST CLASS, ARE ENTITLED TO PAY AS FOLLOWS: 5 CENTS PER FOOT OF TOTAL DEPTH FOR DIVES OVER 120 FEET BUT NOT TO EXCEED $10.00 PER MONTH; PLUS $5.00 PER HOUR FOR EACH HOUR OR FRACTION THEREOF, WHILE EMPLOYED IN DIVING IN ACTUAL SALVAGE OPERATIONS IN DEPTHS OVER 90 FEET.
IT WILL BE NOTED THAT THE EXTRA PAY AUTHORIZED FOR DIVES OVER 120 FEET IS LIMITED TO $10.00 A MONTH. THE ADDITIONAL $5.00 PER HOUR OR FRACTION THEREOF FOR DIVING IN ACTUAL SALVAGE OPERATIONS IN DEPTHS OVER 90 FEET IS NOT LIMITED. FOR EXAMPLE, A MASTER DIVER WOULD BE ENTITLED TO EXTRA PAY AT THE FOLLOWING RATES FOR SERVICE PERFORMED AS FOLLOWS:
TABLE
JUNE 1 TO 30 PAY AS MASTER DIVER (JUNE) ------------- ------------------- --- $20.00 1 DIVE 125 FEET (JUNE 5) --------------- ----------- $6.25 1 DIVE 130 FEET (JUNE 6) --------------------------- 3.75
----- 10.00 1 DIVE (SALVAGE OPERATION JUNE 8, 120 FEET, 1 HR. 20 MIN.) -- -- 10.00 1 DIVE (SALVAGE OPERATION JUNE 9, 120 FEET, 1 HR. 25 MIN.) ---- 10.00 1 DIVE (SALVAGE OPERATION JUNE 11, 100 FEET, 45 MIN.) --------- 5.00
TOTAL -------------------------------------------------- 55.00
A MASTER DIVER OR DIVER, FIRST-CLASS, ENTITLED TO ADDITIONAL PAY AT THE RATE OF $5.00 PER HOUR OR FRACTION THEREOF FOR A DIVE IN ACTUAL SALVAGE OPERATIONS, IS ALSO ENTITLED TO EXTRA PAY FOR SUCH DIVE (SUBJECT TO LIMITATION OF $10.00 A MONTH) AT THE RATE OF 5 CENTS PER FOOT FOR TOTAL DEPTH IF SUCH DIVE EXCEEDS 120 FEET.
EXAMPLE
JULY 1 TO 31 PAY AS MASTER DIVER (JULY) ---------------- ---------------- --- $20.00 1 DIVE (SALVAGE OPERATION JULY 2, 122 FEET, 45 MIN.) ---------- 5.00
PLUS 5 CENTS PER FOOT FOR 122 FEET --------------- $6.10 6.10 1 DIVE (SALVAGE OPERATION JULY 3, 122 FEET, 45 MIN.) ---------- 5.00
PLUS 5 CENTS PER FOOT, 122 FEET, LIMITED TO $3.90
BECAUSE OF MONTHLY $10.00 LIMITATION ------------- 3.90 3.90
TOTAL -------------------------------------------- 10.00 40.00
5. ENLISTED MEN WILL BE QUALIFIED FOR SUBMARINE DUTY IN ACCORDANCE WITH ARTICLE D-5303, BUREAU OF NAVIGATION MANUAL. ENLISTED MEN WILL BE QUALIFIED FOR DIVING IN ACCORDANCE WITH ARTICLE D-5322, BUREAU OF NAVIGATION MANUAL. CREDIT WILL BE MADE IN THE ACCOUNTS OF ENLISTED MEN FOR EXTRA PAY FOR SUBMARINE OR DIVING DUTY, PURSUANT TO COMMANDING OFFICER'S ORDER ISSUED ON S. AND A. FORM 35-F. IN THE CASE OF EXTRA PAY FOR SUBMARINE DUTY THE COMMANDING OFFICER'S ORDER WILL SHOW DATE OF QUALIFICATION, RATE OF COMPENSATION, WHETHER QUALIFIED OR UNQUALIFIED, WHETHER OR NOT BASED AT SHORE SUBMARINE BASE. IN THE CASE OF EXTRA PAY FOR DIVING DUTY THE COMMANDING OFFICER'S ORDER WILL SHOW DATE OF QUALIFICATION, RATE OF COMPENSATION, AND, IN THE CASE OF ADDITIONAL PAY ALLOWED MASTER DIVERS AND DIVERS, FIRST CLASS, FOR DIVES OVER 120 FEET, OR DIVES IN SALVAGE OPERATIONS, THE TOTAL DEPTH OF EACH DIVE AND WHETHER OR NOT DIVING WAS IN CONNECTION WITH ACTUAL SALVAGE OPERATIONS, BRIEFLY DESCRIBING THEM, AND IN THE LATTER CASE THE NUMBER OF HOURS OR FRACTIONS, THEREOF, SO EMPLOYED.
6. ENLISTED MEN ARE ENTITLED TO EXTRA PAY FOR SUBMARINE DUTY OR DIVING DUTY WHILE ON AUTHORIZED LEAVE.
THE ACT PROVIDES THAT OFFICERS "ON DUTY ON BOARD A SUBMARINE" SHALL RECEIVE SUCH ADDITIONAL PAY "WHILE SO SERVING.' THIS LANGUAGE IS SIMILAR TO THE LANGUAGE USED IN THE ACT OF MAY 13, 1908, 35 STAT. 128, PROVIDING THAT: "ALL OFFICERS ON SEA DUTY * * * SHALL WHILE SO SERVING RECEIVE 10 PERCENTUM ADDITIONAL OF THEIR SALARIES.' WHEN AN OFFICER ASSIGNED TO DUTY ON BOARD A VESSEL IS ABSENT THEREFROM ON AUTHORIZED LEAVE HE IS NOT "SERVING" THEREON. THE ACT DOES NOT AUTHORIZE ADDITIONAL PAY WHILE THE OFFICER IS ON LEAVE AND ONLY CONSTRUCTIVELY ON DUTY ON BOARD THE VESSEL. 18 COMP. DEC. 340. ACCORDINGLY, THE LAST SENTENCE IN PARAGRAPH 2 OF THE PROPOSED INSTRUCTIONS SHOULD BE CHANGED TO READ AS FOLLOWS: "AN OFFICER ATTACHED TO A SUBMARINE IS NOT ENTITLED TO SUBMARINE PAY WHILE ABSENT THEREFROM ON LEAVE.'
WHERE PAYMENTS ARE IN CONNECTION WITH SALVAGE OPERATIONS A BRIEF REFERENCE TO IDENTIFY THE PARTICULAR OPERATION SHOULD APPEAR AS, FOR EXAMPLE, S-4. FOR THIS REASON THE WORDS IN ITALIC HAVE BEEN INSERTED IN PARAGRAPH 5.
EXCEPT AS ABOVE INDICATED NO OBJECTION IS PERCEIVED AT THIS TIME TO THE INSTRUCTIONS. IT IS TO BE UNDERSTOOD, HOWEVER, THAT THE ACT IN QUESTION WILL BE SUBJECT TO SUCH INTERPRETATION AS MAY BE REQUIRED IN ITS APPLICATION TO PARTICULAR CASES THAT MAY ARISE.