HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobadrss0001 and id is 1 raw text is:
f\ G A Comptroller General
~ty * Integrity * Rel lability of the United States
United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548 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: TransAtlantic Lines, LLC
File: B-411846.2
Date: December 16, 2015
Brian S. Gocial, Esq., Harrison H. Kang, Esq., and Jared M. DeBona, Esq., Blank
Rome LLP, for the protester.
Michael G. McCormack, Esq., Department of the Air Force, Peter Ries, Esq., and
Robert Bowers, Esq., U.S. Transportation Command, for the agency.
Pedro E. Briones, Esq., and Nora K. Adkins, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST
Protest of a solicitation for award of indefinite-delivery, indefinite-quantity contracts
to both U.S. flag and foreign flag ocean carriers for international, intermodal cargo
transportation is denied where the terms of the solicitation and its performance
requirements meet the agency's legitimate need for timely delivery of cargo and are
consistent with the Cargo Preference Act of 1904.
DECISION
TransAtlantic Lines, LLC, a small business located in Greenwich, Connecticut,
protests the terms of request for proposals (RFP) No. HTC711-15-R-W002, issued
by the U.S. Transportation Command (TRANSCOM) for international cargo
transportation. TransAtlantic contends that the RFP's process for booking shipping
orders, as well as the RFP's price evaluation criteria, do not comply with the Cargo
Preference Act of 1904. The protester also objects that the solicitation does not
permit ordering officials to set aside bookings for small businesses.
We deny the protest.
BACKGROUND
The Cargo Preference Act of 1904, as amended, (CPA) provides that:
[o]nly vessels of the United States or belonging to the United States
may be used in the transportation by sea of supplies bought for the](ViewImageLocal?handle=hein.gao/gaobadrss0001&div=1&collection=&method=preview&ext=.png&size=3)