Patriot Contract Services v. United States

AMENDED ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION

INTRODUCTION

Before the Court is Plaintiff Patriot Contract Services’ (“Plaintiff’) motion for preliminary injunction in this maritime disappointed bidder case. Intervenors Sailors’ Union of the Pacific (“SUP”), International Organization of Masters, Mates & Pilots (“MMP”), and Pacific Coast Marine Fireman, Oilers, Watertenders and Wipers (“MFOW”) support Plaintiffs motion. Defendant United States and Intervenor-Defendant American Overseas Marine Corporation (“AMSEA”) oppose the motion. For the following reasons, the Court DENIES Plaintiffs motion.

FACTUAL BACKGROUND

For four years running, Plaintiff Patriot Contract Services (“Plaintiff’ or “Patriot”) operated and maintained eleven Large Medium Speed Roll-On/Roll-Off (“LMSR”) ships for the United States Navy Military Sealift Command (“MSC”). LMSR vessels are a key component of the surge sealift capacity of the United States armed forces. The operator of the LMSR ships must maintain the vessels and be prepared to mobilize a full crew to deploy in support of military missions throughout the world on short notice.

To maintain and operate the LMSRs, Plaintiff employs…