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B-406586,B-406586.2 1 (2012-06-29)

handle is hein.gao/gaobadowt0001 and id is 1 raw text is: 



I      QA                                                                 Comptroller General
        Accountability * Integrity * Reliability                           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 version has been
                                                      approved for public release.

           D e  c is io n                            L .---------------------------------------------------------------------------------------------------------------- ......

           Matter of:  Maersk Line, Limited

           File:       B-406586; B-406586.2

           Date:       June 29, 2012

           Thomas C. Papson, Esq., and John W. Sorrenti, Esq., McKenna Long & Aldridge
           LLP, for the protester.
           Janis P. Rodriguez, Esq., and Jay R. Gordon, Esq., Department of Transportation,
           Maritime Administration, for the agency.
           Tania Calhoun, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest that solicitation for ship managers for Ready Reserve Force vessels unduly
           restricts competition by limiting competition to contractors qualifying as a specific
           category of United States citizen is denied where the requirement is mandated by
           applicable agency regulations.
           DECISION

           Maersk Line, Limited, of Norfolk, Virginia, protests the terms of request for proposals
           (RFP) No. DTMA98R20120001, issued by the Department of Transportation,
           Maritime Administration (MARAD), to obtain ship manager services for three Ready
           Reserve Force (RRF) vessels. Maersk argues that one of the solicitation's minimum
           eligibility requirements, which restricts the competition to a specific category of
           United States citizen, violates applicable procurement laws and regulations.

           We deny the protest.

           BACKGROUND

           The National Defense Reserve Fleet (NDRF) was established under Section 11 of
           the Merchant Vessel Sales Act of 1946 (the 1946 Act) to serve as a reserve of

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