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B-284706 1 (2000-05-30)

handle is hein.gao/gaocrptalbf0001 and id is 1 raw text is: 



                   -e GeAtOa
 __Comptroller General
                                                                  of the United States
United States General Accounting Office
Washington, DC 20548



         Decision


         Matter of: Crescent Helicopters

         File:       B-284706; B-284707; B-284734; B-284735

         Date:       May 30, 2000
         Dean H. Shealy for the protester.
         Sherry Kinland Kaswell, Esq., Department of Interior, for the agency.
         Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         1. Agency properly determined, based on market research, that helicopter services
         could be acquired under Federal Acquisition Regulation part 12 commercial item
         procedures because the services solicited are the type of services offered and sold
         competitively by the aviation industry in substantial quantities to commercial
         entities; none of the requirements pertaining to pilot and mechanic qualifications and
         invoicing, which were included in the solicitations, transformed the type of services
         sought here to something other than a commercial item.

         2. Protest that agency improperly included in commercial item solicitation for
         helicopter services pilot and mechanic qualification requirements that were
         inconsistent with commercial practice is denied where the record showed that
         commercial contracts had similar requirements, and for those requirements that
         were not in commercial contracts, the agency properly issued waiver in accordance
         with Federal Acquisition Regulation § 12.302(c).
         DECISION

         Crescent Helicopters protests the terms of requests for proposals (RFP) Nos. 8000-
         03, 8000-04, 8000-05, and 8000-16, issued by the Department of the Interior, Office of
         Aircraft Services (OAS), for helicopter services.

         We deny the protests.

         The RFPs, issued pursuant to the commercial item procedures of Federal Acquisition
         Regulation (FAR) part 12, are for the acquisition of helicopter flight services, fully
         operated and maintained by the contractor, in four different locations. The
         helicopter services will be used to support a variety of Interior resource programs,

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