Patriot Contract Services--Advisory Opinion
B-294777.3: May 11, 2005
Patriot Contract Services (PCS) challenges the Department of the Navy's award of a contract to American Overseas Marine Corporation (AMSEA) under request for proposals (RFP) No. N00033-03-R-5556 for the operation and maintenance of nine large, medium speed, roll-on/roll-off ships (LMSR) to move cargo in support of United States military forces worldwide. PCS, the incumbent contractor, filed a protest with our Office in September 2004, challenging various aspects of the procurement, including the assertion that AMSEA's proposal contained misrepresentations regarding the availability of certain key personnel it proposed. In December 2004, Patriot withdrew its protest with our Office and filed a similar action with the United States District Court for the Northern District of California. In March 2005, the Court requested that our Office issue an advisory opinion regarding Patriot's protest. See 4 C.F.R. 21.11(b) (2005). Our opinion here is issued in response to the Court's request, and is presented in the same general format as we normally employ to issue decisions responding to bid protests.
We find the protest meritorious.