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B-401825 1 (2009-11-23)

handle is hein.gao/gaobadbbm0001 and id is 1 raw text is: li AL A , G A O Comptroller General Acc untabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 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. Matter of: TransAtlantic Lines, LLC File: B-401825 Date: November 23, 2009 Brian S. Gocial, Esq., and Brian A. Bannon, Esq., Blank Rome LLP, for the protester. Lars E. Anderson, Esq., Justin J. Wortman, Esq., and Maria Alejandra del-Cerro, Esq., Venable LLP, for Sealift, Inc., an intervenor. Michelle L. Salter, Esq., Department of the Navy, for the agency. Jonathan L. Kang, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's acceptance of a letter of commitment from the owner of a cargo vessel as evidence that the awardee had secured a commitment for the vessel is denied where the solicitation did not specify the evidence required, and the record shows that the contracting officer's determination was reasonable. DECISION TransAtlantic Lines, LLC, of Greenwich, Connecticut, protests the award of a contract to Sealift, Inc., of Oyster Bay, New York, under request for proposals (RFP) No. N00033-09-R-5502, issued by the Department of the Navy, Military Sealift Command, for the charter of a vessel for cargo transport. TransAtlantic contends that the agency improperly evaluated the awardee's proposal under the solicitation requirement that offerors either own the vessel proposed for contract performance, or provide a letter of commitment from the owner of the vessel that it will be available for contract performance. We deny the protest. BACKGROUND The RFP was issued on March 27, 2009. The RFP anticipated the award of a fixed- price contract, with cost reimbursement line items for certain costs such as fuel, for a 1-year base performance period, and three 1-year and one 11-month option periods. Offerors were required to propose to provide a vessel for worldwide cargo

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