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B-414566 1 (2017-07-12)

handle is hein.gao/gaobadtsi0001 and id is 1 raw text is: 



G     A     O       U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States

                                                DOCUMENT FOR PUBLIC RELEASE
                                             I The decision issued on the date below was subject to
Decision                                      a GAO Protective Order. This version has been
                                             ... approved  for public release.

Matter of:   Coulson Aviation (USA), Inc.

File:        B-414566

Date:        July 12, 2017

Jonathan D. Shaffer, Esq., Todd M. Garland, Esq., and Mary Pat Buckenmeyer, Esq.,
Smith Pachter McWhorter PLC, for the protester.
Heather M. Mandelkehr, Esq., and Alexis J. Bernstein, Esq., Department of the Air
Force, 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 arguing that a solicitation requirement is unduly restrictive of competition is
denied where the agency articulated a reasonable, safety related basis for the
requirement.

2. Agency decision to conduct a procurement using other than Federal Acquisition
Regulation (FAR) part 12 procedures did not prejudice the protester where the protester
does not offer a commercial item that meets the agency's requirements.
DECISION

Coulson Aviation (USA), Inc., of Portland, Oregon, protests the terms of request for
proposals (RFP) No. FA8504-17-R-0008, issued by the Department of the Air Force for
the design, manufacture, and installation of a 3,500 gallon retardant delivery system
(RDS) on seven HC-1 30H aircraft. The protester argues that the RFP contains terms
that are unduly restrictive of competition, and contends that the procurement should be
conducted under Federal Acquisition Regulation (FAR) part 12 procedures for the
purchase of commercial items.


We deny the protest.

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