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B-296245 1 (2005-07-14)

handle is hein.gao/gaocrptaqwx0001 and id is 1 raw text is: A G A O 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 redacted version has been approved for public release. Decision Matter of: TransAtlantic Lines, LLC File: B-296245; B-296245.2 Date: July 14, 2005 Brian A. Bannon, Esq., David A Leib, Esq., and Albert B. Krachman, Esq., Blank Rome LLP, for the protester. Marc J. Fink, Esq., Anne E. Mickey, Esq., Heather M. Spring, Esq., and Christine Gollatz DeWitt, Esq., Sher & Blackwell, for Strong Vessel Operators, LLC, an intervenor. Captain Joseph V. Fratarcangeli, Department of the Army, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that awardee's proposal failed to comply with requirement for self-sustaining refrigerated containers is denied where agency reasonably determined that proposal, which did not take exception to the container terms, provided sufficient information to demonstrate firm's intention and capability to meet the requirement. 2. Protest of omission of mandatory subcontracting limitation from solicitation is dismissed as untimely where issue is not raised until after award is made. DECISION TransAtlantic Lines, LLC (TAL) protests the award of a contract to Strong Vessel Operators, LLC (SVO) under request for proposals (RFP) No. W81G4E-04-R-0053, issued by the Department of the Army for regularly scheduled cargo transportation services to and from Jacksonville, Florida and Guantanamo Bay, Cuba. TAL contends that the awardee's proposal should have been rejected as technically unacceptable for failure to comply with the solicitation's requirement for self- sustaining refrigerated containers. TAL also contends that the award is improper because the solicitation failed to include a mandatory subcontracting limitation provision. We deny the protest.

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