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B-417292 1 (2019-05-14)

handle is hein.gao/gaobadzgp0001 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

Decision                                            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:   Pilot Xpress, LLC

File:        B-417292

Date:        May 14, 2019

Bryan R. King, Esq., and Andres M. Vera, Esq., Offit Kurman Attorneys-at-Law, for the
protester.
Amy  A. Cook, Esq., and Angie Calloway, Esq., General Services Administration, for the
agency.
Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest challenging agency's solicitation of certain elements of the required services
using commercial item procedures is denied where record shows protester was not
prejudiced by agency's actions.
DECISION

Pilot Xpress, LLC (PX), of Dallas, Texas, protests the terms of request for proposals
(RFP) No. 1D07180066,  issued by the General Services Administration (GSA), on behalf
of the Department of the Air Force, for aircrew flight and maintenance training for
helicopters. PX argues that the agency improperly is soliciting certain services on a
commercial  item basis, despite the fact that such services are not sold commercially.

We  deny the protest.

The RFP  contemplates the award principally of a fixed-price contract to provide aircrew
flight and maintenance training for a base year and four 1-year option periods on a best-
value tradeoff basis using price and non-price evaluation considerations. The RFP
identifies both part 15 of the Federal Acquisition Regulation (FAR) (contracting by
negotiation) and FAR part 12 (acquisition of commercial items/services) procedures as
applicable to the acquisition. RFP (part 1) at 7, 60; RFP (part 2) at 35.1 The RFP


1 The agency provided the RFP in several parts in its report, part 1 included sections A
through J of the RFP, while part 2 included parts K through M of the RFP. Agency
                                                                      (continued...)

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