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B-418317 1 (2020-02-05)

handle is hein.gao/gaobaeaxe0001 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
                                           1been approved for public release.


Matter of:   Air Resources Helicopters, Inc.

File:        B-418317

Date:        February 5, 2020

Jeremy R. Cook, Esq., Cohne Kinghorn, PC, for the protester.
Azine Farzami, Esq., Department of Agriculture, for the agency.
Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest of the terms of a solicitation alleging that an agency reneged on representations
made only to the protester about corrective action that was more favorable to the
protester--that the protester contends was offered as an inducement for the company to
withdraw an earlier protest--is dismissed where the protester fails to show that the terms
of the solicitation violate procurement law or regulation.
DECISION

Air Resources Helicopters, Inc., of Murrieta, California, protests the terms of solicitation
No. 12024B19R9814, issued by the Department of Agriculture, U.S. Forest Service
(USFS), for exclusive-use type III helicopter service. The protester argues that the
solicitation failed to include five line items that the agency represented would be
included as an inducement for Air Resources to withdraw a prior protest.

We dismiss the protest because, as filed with our Office, it does not establish a valid
basis for challenging the agency's actions.

BACKGROUND

On October 16, 2018, the agency issued solicitation No. 1243N919Q0001 (not the
current solicitation), under Federal Acquisition Regulation (FAR) parts 12 and 15, for
type III light helicopter service for USFS Region 8, which encompasses 13 southern
region states and Puerto Rico. The solicitation included 10 contract line item numbers
(CLIN), each specifying a geographic host base and mandatory availability period.
Solicitation No. 1243N919Q0001 at 2-24. The solicitation contemplated the award of
multiple fixed-price (with economic price adjustment), indefinite-delivery, indefinite-

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