B-175364: Dec 6, 1972

A company protested a contract award under which towage of an empty Navy barge would be performed by a foreign-flag vessel, alleging that use of the foreign-flag tug was unlawful under provisions of the Cargo Preference Act. The Cargo Preference Act refers specifically to freight charged, not freight or towage charged. The preference granted U.S. vessels by the act is limited to transportation by...

B-175364: Dec 6, 1972

" DOES NOT APPLY TO THE TOWAGE OF AN EMPTY BARGE BY A FOREIGN-FLAG TUG SINCE THE TUG IS NOT A SUPPLY ITEM AND THE LANGUAGE OF THE ACT AS WELL AS COURT CASES WHICH DISTINGUISH BETWEEN CONTRACTS OF AFFREIGHTMENT AND CONTRACTS FOR TONNAGE SERVICES INDICATE THE PREFERENCE GRANTED UNITED STATES VESSELS BY THE 1904 CARGO PREFERENCE ACT IS LIMITED TO TRANSPORTATION BY SEA OF MILITARY SUPPLIES UNDER CONTR...