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B-414238.7,B-414238.9 1 (2017-08-10)

handle is hein.gao/gaobadtsk0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                   Comptroller General
Washington, DC 20548                                              of the United States
                                                 DOCUMENT FOR PUBLIC RELEASE
                                               The decision issued on the date below was subject to
                                               a GAO Protective Order. This redacted version has
                                               been approved for public release.



Matter of:   Henry's Aerial Service, Inc.; Evergreen Flying Services, Inc.

File:        B-414238.7; B-414238.9

Date:     August 10, 2017

Brian G. Walsh, Esq., Tracye W. Howard, Esq., and Cara L. Lasley, Esq., Wiley Rein
LLP, for Henry's Aerial Service, Inc.; and David T. Ralston Jr., Esq., Frank S. Murray,
Esq., Alexandra Kitson, Esq., and Micah T. Zomer, Esq., Foley & Lardner LLP, for
Evergreen Flying Services, Inc., the protesters.
Amy M. Siadak, Esq., Department of Interior, for the agency.
Noah B. Bleicher, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest of an agency's cancellation of a solicitation in response to a prior protest is
denied where the agency had insufficient time to conduct a reevaluation of proposals
before its time-sensitive requirements changed and another procurement vehicle was
available to fulfill its needs.
DECISION

Henry's Aerial Service, Inc., a small business of Greenbrier, Arkansas, and Evergreen
Flying Services, Inc., a small business of Rayville, Louisiana, protest the cancellation of
solicitation No. D16PS00182, which was issued by the Department of the Interior (DOI),
Interior Business Center, for single engine air tanker (SEAT) flight services for the
Bureau of Land Management (BLM) to support fire suppression operations in the
contiguous 48 states. The decision to cancel the solicitation followed Evergreen's
protests of the award of six contracts under the solicitation. The protesters contend that
the agency had no reasonable basis to cancel the solicitation, and that the cancellation
was a pretext to avoid resolving protests.

We deny the protests.

BACKGROUND

As part of its mission to administer public lands, BLM is responsible for the suppression
of wildland fires throughout the United States. The procurement at issue here sought

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