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B-415732,B-415732.2,B-415732.3,B-415732.4 1 (2018-03-06)

handle is hein.gao/gaobaduld0001 and id is 1 raw text is: 



GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States
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                                                 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:   Western Pilot Service; Aerial Timber Applicators, Inc.; Evergreen Flying
             Services, Inc.; G.B. Aerial Applications, Inc.

File:        B-415732; B-415732.2; B-415732.3; B-415732.4

Date:        March 6, 2018

John R. Prairie, Esq., Gary S. Ward, Esq., and Sarah B. Hansen, Esq., Wiley Rein LLP,
for Western Pilot Service; Katherine S. Nucci, Esq., Scott F. Lane, Esq., and Jayna M.
Rust, Esq., Thompson Coburn LLP, for Aerial Timber Applicators, Inc.; Frank S. Murray,
Esq., David T. Ralston, Jr., Esq., Micah T. Zomer, Esq., and Krista A. Nunez, Esq.,
Foley & Lardner LLP, for Evergreen Flying Services, Inc.; and Gary J. Campbell, Esq.,
and Kelley P. Doran, Esq., Womble Bond Dickinson LLP, and Jessica Rothenberg,
Esq., Pepper Hamilton LLP, for G.B. Aerial Applications, Inc., the protesters.
Amy M. Siadak, Esq., Department of the 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

Protests that task order request for proposals seeks services beyond the scope of the
underlying multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts are
sustained, where the protesters could not have reasonably anticipated that the agency
would seek to procure air tanker flight services for extended, guaranteed periods at
specific locations when the IDIQ contracts are limited to air tanker flight services on an
as-needed, on-call basis.
DECISION

Western Pilot Service (WPS), a small business of Phoenix, Arizona; Aerial Timber
Applicators, Inc., (ATA) a small business of Cooperstown, North Dakota; Evergreen
Flying Services, Inc., a small business of Rayville, Louisiana; and G.B. Aerial
Applications, Inc., (GBAA) a small business of Plains, Texas, protest the terms of a task
order request for proposals (TORP) issued by the Department of the Interior (DOI),
Interior Business Center, for single engine air tanker (SEAT) flight services to support
the Bureau of Land Management's (BLM) wildfire suppression operations in the
continental United States. The protesters assert that the SEAT flight services sought
under the TORP for extended, guaranteed periods of performance are beyond the
scope of the protesters' indefinite-delivery, indefinite-quantity (IDIQ) contracts.

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