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B-412789,B-412789.3,B-412790,B-412790.3 1 (2016-06-02)

handle is hein.gao/gaobadshq0001 and id is 1 raw text is: 




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



         Matter of: Air Center Helicopters, Inc.

         File:        B-412789; B-412789.3; B-412790; B-412790.3

         Date:        June 2, 2016

         Sharon L. Larkin, Esq., and Nicholas Petts, Esq., Steptoe & Johnson LLP, for the
         protester.
         David M. Nadler, Esq., and Stephanie Zechmann, Esq., Blank Rome LLP, for
         Erickson Incorporated, the intervenor.
         Cynthia R. Martin, Esq., and Jeffrey Davenport, Esq., Department of the Navy, for
         the agency.
         K. Nicole Willems, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the
         General Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Protest that agency's interpretation of a solicitation requirement was
         unreasonable is denied where the solicitation, when read as a whole and in a
         manner giving effect to all of its provisions, supports a finding that the agency's
         interpretation was reasonable.

         2. Protest that agency improperly waived a solicitation requirement that proposals
         include proof of ownership or a binding agreement to purchase or charter proposed
         aircraft if awarded the contract is denied where the agency reasonably determined
         that both offerors had complied with the requirement by demonstrating the capability
         to enter into leases.
         DECISION

         Air Center Helicopters, Inc. (ACHI), of Burleson, Texas, protests the award of
         contracts to Erickson Inc., of McMinnville, Oregon, under request for proposals
         (RFP) No. N62387-15-R-8008 (-8008) and RFP No. N62387-15-R-8009 (-8009),
         issued by the Department of the Navy, Military Sealift Command, for ship-based
         and/or shore-based vertical replenishment services. ACHI argues that the agency
         should have found Erickson's proposal unacceptable because Erickson's proposed
         heavy-lift helicopter was not listed on the company's operations specifications
         (OpSpec) at the time proposals were submitted. ACHI also argues that the agency

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