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

B-414566.2 1 (2017-08-08)

handle is hein.gao/gaobadtre0001 and id is 1 raw text is: 



GO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                 Comptroller General
Washington, DC 20548                                            of the United States




Decision


Matter of:  Simplex Aerospace

File:       B-414566.2

Date:       August 8, 2017

Mark D. Zimmerman for the protester.
Captain Justin D. Haselden, and Alexis J. Bernstein, Esq., Department of the Air Force,
for the agency.
K. Nicole Willems, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

Protest that solicitation requirements favor a particular company and are unduly
restrictive of competition is denied where the agency demonstrates that the
requirements are reasonably necessary to meet the agency's needs.
DECISION

Simplex Aerospace, of Portland, Oregon, protests the terms of request for proposals
(RFP) No. FA8504-17-R-0008, issued by the Department of the Air Force for the
design, manufacture, and installation of a 3,500 gallon retardant delivery system (RDS)
on seven HC-1 30H aircraft. The protester argues that the RFP contains terms that
favor a particular company and are unduly restrictive of competition.

We deny the protest.

BACKGROUND

The U.S. Department of Agriculture, Forest Service (USFS), is responsible for
protecting national forest lands from wildfires and, by agreement with other agencies,
assists in protecting other jurisdictions as well. Contracting Officer's Statement (COS)
at 2. In this capacity, the USFS uses air tankers to drop and build retardant lines to aid
ground firefighters in controlling wildfires. Id. The National Defense Authorization Act
(NDAA) for Fiscal Year 2014 directed the transfer of seven demilitarized United States
Coast Guard HC-130H aircraft to the Air Force. Pub. L. No. 113-66, div. A, title X,
subtitle I, § 1098, 127 Stat. 672, 881-882. (Dec. 26, 2013). The NDAA directed the Air
Force to perform center and outer wing-box replacement modifications, programmed

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