Crescent Helicopters, B-283469.2, November 30, 1999

B-283469.2 Nov 30, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights DIGEST Agency selection of offeror whose helicopter provided significantly greater payload capacity than the protester's slightly lower priced helicopter was reasonable and consistent with solicitation. The awardee will provide helicopter services to the National Park Service. It should have received the award. A contract was to be awarded for a base year and 2 option years. Offerors were to submit sufficient information with their proposals to demonstrate that the helicopter they offered would comply with these requirements. This information was to be included in the RFP's "Aircraft Questionnaire.". The information used to determine the payload on the "Questionnaire" was to be included on the "Standard Interagency Load Calculation Method and Form.". View Decision Matter of: Crescent Helicopters File: B-283469.2 Date: November 30, 1999 DIGEST Attorneys DECISION Crescent Helicopters protests the award made to Biscayne Helicopters by the Office of Aircraft Services (OAS), Department of the Interior, under request for proposals (RFP) No. 8099-20. The awardee will provide helicopter services to the National Park Service, Everglades National Park. Crescent contends that as the firm offering the lowest-priced proposal, it should have received the award. We deny the protest. The RFP, issued pursuant to Federal Acquisition Regulation (FAR) Part 12--Acquisition of Commercial Items, and FAR Subpart 13.5--Test Program for Certain Commercial Items, required offerors to submit hourly prices for 400 guaranteed hours per year of flight services (one light helicopter and a pilot and a relief pilot) for purposes of transporting personnel and/or cargo in support of natural resource missions. A contract was to be awarded for a base year and 2 option years. The RFP required the offered helicopter to meet enumerated minimum requirements, and section A of the RFP set out a target requirement that the helicopter be able to carry an internal payload of 800 pounds under defined circumstances. The RFP stated that "[a] BH 206BIII [helicopter] should typically fulfill the above requirements"; however, offerors were to submit sufficient information with their proposals to demonstrate that the helicopter they offered would comply with these requirements. RFP Cover Letter; RFP at 4-5. This information was to be included in the RFP's "Aircraft Questionnaire." The information used to determine the payload on the "Questionnaire" was to be included on the "Standard Interagency Load Calculation Method and Form." RFP at 19. Based on the questionnaire response, the agency would evaluate the proposed aircraft to determine to what extent the aircraft would meet or exceed the target payload requirement and would meet the mandatory requirements. This aircraft information, including the payload, was to be part of the proposal and the awardee would be bound to provide an aircraft that met the proposed performance requirements. RFP Cover Letter; RFP at 41, 45. Offerors were also required to submit an organizational experience and past performance statement with references to cover the previous 3-year period. RFP at 40-46. An offeror's proposal was to be evaluated on the basis of the merits of the proposal (whether it promised to comply with all RFP requirements and the extent to which it met or exceeded the target payload requirement), the offeror's capability (organizational experience and past performance), and the offered 3-year total price. Evaluation of past performance included assessing, among other things, whether the firm's performance conformed to contract terms, whether the firm was "reasonable" and cooperative during performance, and whether the firm was "committed to customer satisfaction." RFP at 41. The RFP stated that offerors would be ranked by comparing the differences in nonprice factors and the total price between offerors. The RFP also provided that award could be made to a firm with a proposal that did not offer the low price if the firm was rated so much higher than the low-priced proposal on the nonprice factors as to be determined to offer the government better value than the low-priced proposal. RFP at 40-41. Twelve proposals were received by the July 29 closing time. Crescent and Biscayne proposed to furnish a Bell 206B3 helicopter. Crescent's 3-year total price was $636,000; Biscayne's price was $660,000. Agency Report, Tab F, Abstract of Offers. Crescent offered a payload of 579.4 pounds; Biscayne offered a payload of 844 pounds. Agency Report, Tab G, Crescent Bid, at 45, and Tab H, Biscayne Bid, at 45. The agency advises that a variance in payloads for the same make and model of aircraft is not unusual, since the payload depends on how the aircraft is equipped. Agency Report at 3.