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B-414987,B-414987.2 1 (2017-11-06)

handle is hein.gao/gaobadtza0001 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
Decision                                      a GAO Protective Order. This redacted version has
                                              been approved for public release.


Matter of: Global SuperTanker Services, LLC

File:     B-414987; B-414987.2

Date:     November 6, 2017

Robert K. Magovern, Esq., Marc J. Fink, Esq., and Jeff R. Vogel, Esq., Cozen
O'Connor, for the protester.
Antonio Robinson, Esq., Department of Agriculture, for the agency.
Elizabeth Witwer, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest challenging the solicitation's limitation on maximum tank size as unduly
restrictive of competition is sustained where the record fails to show that the limitation
is reasonably necessary to meet the agency's needs.
DECISION

Global SuperTanker Services, LLC (GST), a small business located in Colorado
Springs, Colorado, protests the terms of request for proposals (RFP) No. AG-024B-S-
16-9014, issued by the Department of Agriculture (USDA), Forest Service, for Next
Generation Large Airtanker (LAT) services for wildland firefighting. The protester
alleges that the solicitation's limitation on the maximum tank size for retardant is unduly
restrictive of competition.

We sustain the protest.

BACKGROUND

The RFP was issued on May 16, 2017, as a set-aside for small businesses. RFP at 6,
§ B.I. The solicitation contemplated the award of multiple Call When Needed (CWN)
basic ordering agreements (BOAs) to obtain Next Generation LAT services for wildland
firefighting on a nationwide basis.1 RFP, § B.I. The solicitation provided that the

1 The agency uses both call when needed agreements and exclusive use indefinite-
delivery, indefinite-quantity (IDIQ) contracts to obtain airtanker services. Pursuant to an
                                                                     (continued...)

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