About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-411306.2,B-411306.5 1 (2015-07-29)

handle is hein.gao/gaobadrhh0001 and id is 1 raw text is: 


   AL

 G              A     0                                                   Comptroller General
ra, n- Accountablity * 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.
           D e c   is io n                            ......................................................................................................................


           Matter of:   Erickson Aero Tanker

           File:        B-411306.2; B-411306.5

           Date:        July 29, 2015

           Rachel B. Trinder, Esq., and Jol A. Silversmith, Esq., Zuckert, Scoutt
           & Rasenberger, L.L.P., for the protester.
           Melissa D. McClellan, Esq., Department of Agriculture, for the agency.
           Evan D. Wesser, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           1. Inclusion of a solicitation requirement for a safety-related system was
           reasonable, even though the requirement was waived during performance of the
           predecessor contract, where the record shows that the requirement is reasonably
           related to the agency's needs on the follow-on procurement.

           2. Solicitation requirement that an offeror must submit certified aircraft weight and
           balance information at the time of pre-award inspection does not unduly restrict
           competition where the record shows that the requirement is reasonably related to
           the agency's needs.
           DECISION

           Aero Air, LLC, d/b/a Erickson Aero Tanker, a small business, of Hillsboro, Oregon,
           challenges the terms of request for proposals (RFP) No. AG-024B-S-15-9003,
           which was issued by the Department of Agriculture, Forest Service, for next
           generation (NextGen) large airtanker services for wildfire firefighting support.' Aero

           1 This procurement is referred to as the NextGen 2.0 procurement because it is the
           follow-on procurement to the previous NextGen 1.0 procurement. The Forest
           Service previously competitively awarded contracts to five firms, including one to
           Aero Air, for airtankers under RFP No. AG-024B-S-1 1-9009, and made an
           additional sole-source award to another firm. See Coulson Aviation (USA) Inc.,
           et al., B-409356.2 et al., Mar. 31, 2014, 2014 CPD T 106 at 4-5, 13-14. Our
           decisions in Coulson Aviation (USA) Inc., et al., supra, and Coulson Aviation (USA)
                                                                              (continued...)

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most