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B-404666 1 (2011-04-01)

handle is hein.gao/gaobadbuj0001 and id is 1 raw text is: 




         G     A     0                                                 Comptroller General
       Accountability * Integrity * Reliability                         of the United States
United States Government Accountability Office     DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter  of:  USA Jet Airlines, Inc.; Active Aero Group, Inc.

          File:        B-404666

          Date:        April 1, 2011

          Carolyn Callaway, Esq., for the protesters.
          Charmaine A. Howson,  Esq., H. Jack Shearer, Esq., Joseph A. Lenhard, Esq., and
          Anh T. Nguyen, Esq., Department of Energy, for the agency.
          Paul N. Wengert, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          1. Protest of agency requirement that offerors present evidence of certification
          under certain industry quality standards (specifically ISO 9001, ISO 9100, or AS 9110)
          at the time of proposal submission, rather than at the time of award or performance,
          is sustained where requirement exceeds agency's reasonable needs.

          2. Protest that solicitation for aircraft maintenance services is ambiguous because
          agency has not provided service manuals or other more specific information about
          services that will be required is denied where solicitation provided sufficient
          information about the aircraft (most of which have not been purchased) to allow
          offerors to prepare proposals, and for agency to assess offeror understanding in
          evaluating those proposals.
          DECISION

          USA Jet Airlines, Inc. (USA Jet), of Belleville, Michigan, and Active Aero Group, Inc.
          (AAG), also of Belleville, protest the terms of request for proposals (RFP)
          No. DE-SOL-0001781, issued by the Department of Energy (DOE), National Nuclear
          Security Administration (NNSA), for aircraft support and maintenance services.
          USA Jet argues that the solicitation fails to accurately describe the agency's
          requirement, and in other respects limits competition by imposing requirements that
          do not reflect the needs of the DOE.

          We sustain the USA Jet protest on one issue, and deny the remaining protest
          grounds.

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