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B-411265 1 (2015-06-26)

handle is hein.gao/gaobadrfc0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Bode Aviation, Inc. File: B-411265 Date: June 26, 2015 Kevin Fredekind, Bode Aviation, Inc., and Martin K. Holland, Esq., Holland Law P.C., for the protester. Elin M. Dugan, Esq., U.S. Department of Agriculture, for the agency. Glenn G. Wolcott, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that awardee did not hold a particular Federal Aviation Administration (FAA) certificate at the time of contract award is denied where FAA certification was a performance requirement, and the solicitation did not require that certification be obtained prior to award. DECISION Bode Aviation, Inc., of Albuquerque, New Mexico, protests the award of a contract by the Department of Agriculture, Forest Service, to Dynamic Aviation Group, Inc., of Bridgewater, Virginia, pursuant to request for quotations (RFQ) No. AG-04H1 -S- 15-0001 for airtanker services. Bode protests that Dynamic did not have a particular Federal Aviation Administration (FAA) certificate at the time of award and asserts that Dynamic's proposal should have been disqualified on that basis.' 1 In its protest, Bode also complained that the agency's source selection decision was improper because it was based on pricing, which Bode asserted was contrary to the selection process indicated in the solicitation. Protest at 1. The agency report responded to this allegation, pointing out that the solicitation provided for award on a best value basis; that Bode's quotation was only slightly superior to Dynamic's under the non-price evaluation factors; and that Bode's price was more than double Dynamic's price. Contracting Officer's Statement, Apr. 13, 2015, at 3-4. In its comments following receipt of the agency report, Bode states that the agency incorrectly characterized its protest as challenging the agency's price/technical tradeoff decision, and does not further address this issue. Bode's (continued...)

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