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B-409327.3 1 (2014-04-14)

handle is hein.gao/gaobadqfy0001 and id is 1 raw text is: 




          G     A    O                                                   Comptroller General
Ac;oMtabllty     nfgilty I ReliIbikty                                   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.
           D e  c i s i o n                          L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:  Evergreen Helicopters of Alaska, Inc.

           File:       B-409327.3

           Date:       April 14, 2014

           David M. Nadler, Esq., Justin A. Chiarodo, Esq., Joseph R. Berger, Esq., and
           Stephanie M. Zechmann, Esq., Dickstein Shapiro LLP, for the protester.
           Malcolm L. Benge, Esq., and Jolyon A. Silversmith, Esq., Zuckert Scoutt &
           Rasenberger, L.L.P., for the intervenor.
           W. Michael Rose, Esq., Department of the Air Force, for the agency.
           Robert T. Wu, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
           participated in the preparation of the decision.
           DIGEST

           Protest of agency corrective action in response to a prior protest wherein the
           agency limited proposal revisions is denied where the record shows that the agency
           reasonably limited proposal revisions to remedy the concern that caused the
           agency to take corrective action.
           DECISION

           Evergreen Helicopters of Alaska, Inc. (EHA), of McMinnville, Oregon, challenges
           the terms of an evaluation notice (EN) issued by the U.S. Transportation Command
           (USTRANSCOM) under request for proposals (RFP) No. HTC711-13-R-RO1 6 for
           the acquisition of fixed-wing aircraft services in the central region of Africa. The EN,
           issued as part of agency corrective action, requires offerors to submit performance
           data charts for proposed aircraft, but otherwise prohibits revision of proposals. EHA
           argues that the EN constitutes an amendment to the solicitation and, as a result,
           EHA should be permitted to revise any aspect of its proposal, including its price
           proposal.

           We deny the protest.

           BACKGROUND

           This protest involves a procurement by USTRANSCOM to obtain equipment,
           services and support necessary to operate two fixed-wing aircraft in the Central

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