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B-420982.5 May 05, 2023 1 (2023-05-05)

handle is hein.gao/gaooqt0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This redacted version has been approved for public release. Matter of: Construction Helicopters, Inc., d/b/a CHI Aviation File: B-420982.5 Date: May 5, 2023 Lee Dougherty, Esq., Effectus, PLLC, for the protester. Tyler Ellis, Esq., Department of Agriculture, for the agency. Kasia Dourney, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation terms as defective and unreasonably restrictive of competition is denied where the protester has not demonstrated that meeting the solicitation requirements is impossible or that the agency's judgments are otherwise unreasonable. DECISION Construction Helicopters, Inc., doing business as CHI Aviation (CHI), a small business of Howell, Michigan, challenges the terms of request for proposals (RFP) No. 1202SA22R9201, issued by the Department of Agriculture, Forest Service, for helicopter support services for wildland fire management. The protester contends that the terms of the RFP are defective because no offeror proposing helicopters configured from surplus military aircraft can meet the solicitation requirements. CHI also argues that the solicitation violates Federal Aviation Administration (FAA) regulations, and treats offerors proposing surplus military aircraft unequally. We deny the protest. BACKGROUND The agency issued the RFP on July 28, 2022, under the provisions of Federal Acquisition Regulation (FAR) parts 12 and 15, seeking contractor-operated and maintained helicopter support services for wildland fire management for type 1

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