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B-299720 1 (2007-07-30)

handle is hein.gao/gaocrptaugb0001 and id is 1 raw text is: 




A         G    A    O                                                   Comptroller General
.       Accountability * Integrity * Reliability                        of the United States
United States Government Accountability Office      DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision

          Matter of: Carson Helicopter Services, Inc.

          File:        B-299720; B-299720.2

          Date:        July 30, 2007

          David M. Nadler, Esq., and Joseph Berger, Esq., Dickstein Shapiro LLP, for the
          protester.
          Major ChristinaLynn E. McCoy, and Roy L. Masengale, Esq., Department of the Army,
          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

          On a solicitation for aerial wildland fire suppression services to be awarded to the
          offeror submitting the low-priced, technically acceptable proposal under which
          technical proposals showing compliance with specifications were required, the
          agency unreasonably determined that the awardee's proposed helicopter met the
          payload requirements, based upon statements in the proposal indicating compliance,
          where the proposal also contained information that should reasonably have created
          doubt to an evaluator familiar with helicopters whether the helicopter in fact
          satisfied the requirements.
          DECISION

          Carson Helicopter Services, Inc., protests the award of a contract to Croman
          Corporation by the Department of the Army pursuant to request for proposals (RFP)
          No. W911S8-07-R-0007 for aerial wildland fire suppression services. The protester
          contends that the agency's evaluation of Croman's proposal was unreasonable
          because its proposed helicopter exceeded the manufacturer's allowable payload
          limitations.

          We sustain the protests.

          Issued on January 17, 2007, the RFP provided for the award of a fixed-price contract
          covering the period of May 15 to September 30, for the exclusive use of a rotary wing
          aircraft capable of delivering a minimum of 1,000 gallons of water in a single trip to
          fight wildland fires within the confines of Yakima Training Center, Yakima,
          Washington, and fires that threaten to enter or pass through the training center. The

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