[Protest of MTMC Evaluation of Bids for Fuel Transport]

B-240087, Jul 6, 1990, 90-2 CPD 19

PROCUREMENT - Bid Protests - GAO authority DIGEST: Protest concerning request for carriers' rate tenders falls outside of General Accounting Office's bid protest jurisdiction where transportation services will be obtained through the issuance of a government bill of lading pursuant to a tender for a one-time routing under relatively informal agency procedures.

Attorneys

Stapp Towing Company, Inc.:

Staff Towing Company, Inc. protests the evaluation of bids under telephone request No. 1LWX31623-S, by the Military Traffic Management Command-Eastern Area (MTMC) for transport of a quantity of fuel.

We dismiss the protest because the matter is outside our bid protest jurisdiction.

Staff contends that while its bid for transporting the fuel was higher than that of Gulf Intercoastal Marine, the awardee, it should have received the award because it could have performed the work sooner than the awardee and bids were requested on an "as soon as possible" basis.

MTMC is the agency responsible for the direction, control and supervision of all functions incident to the acquisition and use of freight transportation services for the Department of Defense (DOD) from commercial transportation companies. MTMC acquires its transportation services pursuant to the Defense Traffic Management Regulation, which provides for MTMC authority over DOD transportation, and the MTMC Inland Freight Traffic Regulation (MTMCR) 55-1 which governs negotiations for commercial transportation, tariffs, tenders, rates and routings. See Federal Transport, Inc.-- Request for Recon., 68 Comp.Gen. 451 (1989), 89-1 CPD Para. 542.

According to the agency, the procurement at issue here is a "spot movement negotiation" for a "spot movement" which is defined as a one time shipment of a commodity on one bill of lading which requires special equipment or service not otherwise provided by tariff or special rate tender. MTMCR 55-1, Sec. 2-2.2. That regulation further provides that "area commanders will solicit tenders from all carriers who possess the necessary operating authorities to perform the services required." MTMCR 55-1, Sec. 2-2.2.

While we do assert jurisdiction over protests concernin requests for tenders issued under MTMC's guaranteed traffic program, we do not do so under the spot bid procedures used here. Moody Bros. of Jacksonville, Inc.; Troika International Ltd., June 12, 1990, 90-1 CPD Para. ***. We do not consider protests under the spot bid procedures. These procedures contemplate an informal acquisition resulting in a one time government bill of lading shipment; no formal solicitation is issued and no source selection is conducted. Id.

We dismiss the protest.