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B-421982 Dec 19, 2023 1 (2023-12-19)

handle is hein.gao/gaoprq0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release Matter of: Crowley Government Services, Inc. File: B-421982 Date: December 19, 2023 James Y. Boland, Esq., Christopher G. Griesedieck, Jr., Esq., and Lindsay M. Reed, Esq., Venable LLP, for the protester. Colonel Frank Yoon, Josephine R. Farinelli, Esq., Major Candice D. Schubbe, Todd P. Federici, Esq., and Kurt M. Vanbennekom, Esq., Department of the Air Force, for the agency. Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest is dismissed where the matter involved is the subject of litigation before a court of competent jurisdiction. 2. Protest is dismissed where allegation that the agency failed to investigate an impaired objectivity organizational conflict of interest inherent in the solicitation fails to state a factually or legally sufficient basis for protest. DECISION Crowley Government Services, Inc. (Crowley), of Jacksonville, Florida, protests the terms of request for proposals (RFP) No. HTC711-23-R-R009, issued by the Department of the Air Force, on behalf of the United States Transportation Command (USTRANSCOM), for freight transportation services in the continental United States and Alaska, Puerto Rico, and Canada on occasion. The protester contends that the solicitation improperly makes the contract to be awarded subject to General Services Administration (GSA) audit pursuant to the Transportation Act of 1940, 31 U.S.C. § 3726(b).1 The protester also alleges that the USTRANSCOM failed to 1 The Transportation Act amended the Interstate Commerce Act (ICA)--originally enacted in 1887 to regulate the railroad industry, see Interstate Commerce Act, ch. 104, 24 Stat. 379 (1887), and amended since to cover other modes of transportation--to include post-payment audits and notices of overcharge for transportation-related (continued...)

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