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B-282461 1 (1999-07-08)

handle is hein.gao/gaocrptajjy0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Timberland Logging File: B-282461 Date: July 8, 1999 Mark D. Gibson for the protester. Alan D. Groesbeck, Esq., Department of Agriculture, for the agency. Robert C. Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency deliberately excluded the incumbent protester from competition is denied where record establishes that protester's name was inadvertently dropped from bidders' mailing list and adequate competition was obtained. DECISION Timberland Logging protests its alleged exclusion from competition under invitation for bids (IFB) No. R5-99-08, issued as a total small business set-aside by the Forest Service Region 5 (California) contracting office for Call When Needed (CWN) helicopter services. Timberland, an incumbent which had a CWN helicopter services contract awarded by Region 5 in 1997 that expired in May 1999, asserts that the agency deliberately failed to send it a copy of the solicitation. We deny the protest. On January 8, 1999, the procurement was synopsized in the Commerce Business Daily (CBD). The synopsis indicated that the solicitation would be issued on or about March 1. The IFB, contemplating multiple 1-year contracts beginning in May 1999 with two 1-year option periods, was actually issued on February 23, with bid opening scheduled for March 23. Timberland, which apparently did not see the CBD synopsis, first contacted the Region 5 contracting office on March 30 to inquire about obtaining a copy of the solicitation only to learn that bid opening had occurred a week earlier. Thereupon, Timberland filed this protest on April 7, alleging that it was improperly excluded from the competition and suggesting that the sole reason for the exclusion was that the firm held a CWN helicopter services contract awarded by the Forest Service's Region 6 (Oregon and Washington).

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