[Protest of MSC Solicitation for Ocean and Intermodal Cargo Transportation]

B-266238: Feb 8, 1996

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A firm protested a Military Sealift Command (MSC) solicitation for freight transportation, contending that the solicitation would not result in enforceable requirements contracts, as the solicitation contemplated. GAO held that: (1) four routes under the solicitation were covered under another contract; (2) awards for those four routes would result in illusory contracts because MSC would not be obligated to procure services under those contracts for those routes; and (3) any remaining protest issues were without merit. Accordingly, the protest was sustained, and GAO recommended that MSC: (1) determine what type of contract would best suit its needs, and amend the solicitation, as appropriate; and (2) reimburse the protester for its protest costs.

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