Timberland Logging, B-282461, July 8, 1999

B-282461 Jul 08, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights 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. The procurement was synopsized in the Commerce Business Daily (CBD). Was actually issued on February 23. 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). These services are used for fire support. Both parties agreed that the contract periods for Region 5 and Region 6 are approximately coextensive. View Decision Matter of: Timberland Logging File: B-282461 Date: July 8, 1999 DIGEST Attorneys 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). During a June 15 telephone conference held with the parties at the request of our Office, the agency explained that it has a nationwide program for obtaining CWN helicopter services. These services are used for fire support, project, law enforcement and administrative flights. IFB Sec. C.1(2). During the conference, the agency explained that each Forest Service region periodically solicits bids for these services; both parties agreed that the contract periods for Region 5 and Region 6 are approximately coextensive. Multiple awards are made to bidders submitting responsive bids and offering reasonable prices to obtain a sufficient number of helicopters to meet anticipated agency needs. IFB Secs. M.3(1), (2). In this case, approximately 27 firms were solicited, 19 bids were received and 17 contracts were awarded. As a result, Region 5 has 51 helicopters under contract and the agency reports that this number of aircraft meets its needs. Contracting Officer's Statement, Apr. 19, 1999, at 2. Although the IFB was issued by the Forest Service's Region 5, the scope of the awarded contracts is not limited to performing within that region. Rather, as explained by the agency during the telephone conference, as with all CWN helicopter contracts awarded by the agency, all CWN helicopter services solicitations provide that the government may dispatch aircraft under resultant contracts for use wherever the Forest Service has interagency or cooperative agreements with "State Agencies and private landholders." See IFB Sec. C.1(3). Thus, CWN contracts awarded by any Forest Service region are effectively nationwide in scope. Orders for services needed within or outside a given Forest Service region are to be filled based on "performance and cost" considerations. IFB Sec. F.4(1). The government does not guarantee the placement of any orders and contractors are not obligated to accept any orders; however, once an order is accepted, the contractor is obligated to perform in accordance with the terms and conditions of its contract. IFB Sec. F.4(2). Performance relates to a government-determined ability of the contractor's helicopter to perform a needed service, IFB Sec. F.4(1), while cost involves the daily availability rate bid by firms when competing for CWN helicopter services contracts as well as an hourly flight rate which is standardized by the Forest Service for all CWN helicopter services contractors. See IFB Secs. B.1.A, J.2(19), J.7. Thus, proximity to an area where services are required is an important cost factor in the placement of orders.