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B-294367 1 (2004-10-25)

handle is hein.gao/gaocrptapoj0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office Washington, DC 20548 Decision Matter of: Government Contract Services Company File: B-294367 Date: October 25, 2004 David K. Eary for the protester. James P. Flynn for Aviation Enterprises, Inc., an intervenor. Joni M. Gibson, Esq., Department of Justice, United States Marshals Service, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that amendment's alleged relaxation of requirements requires cancellation of solicitation is denied where amendment does not substantially alter solicitation terms. DECISION Government Contract Services Company (GCS) protests an alleged relaxation of requirements under request for proposals (RFP) No. MS-04-R-0005, issued as a small business set-aside by the Department of Justice, United States Marshals Service (USMS), for the procurement of leased aircraft and associated aircraft maintenance services. GCS contends that it did not compete under the RFP because it believed certain solicitation requirements were too stringent for it to participate in the procurement. GCS alleges that because amendment No. 4 to the RFP relaxed these terms after the closing time for the receipt of proposals, the solicitation must be cancelled and the requirement resolicited to allow GCS an opportunity to compete under the amended terms. We deny the protest. The RFP, issued on January 9, 2004, pursuant to the streamlined procedures of Federal Acquisition Regulation (FAR) part 12 for the acquisition of commercial items, contemplated contract awards for a base year and 2 option years for the lease of large passenger aircraft (and associated maintenance services) to move prisoners and illegal aliens for the Bureau of Prisons, the USMS, and the Bureau of

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