American Eurocopter Corporation, B-283700, December 16, 1999

B-283700 Dec 16, 1999 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Restriction of competition to a specific make and model of helicopter is reasonable. Standardization of the agency's fleet is necessary for safety reasons. AEC contends that restricting the competition to a brand name is unreasonable because AEC's helicopter will meet all the agency's needs. This requires the use of a specialized device that is suspended below the helicopter and requires the helicopter pilot to hover only 30 feet above high-voltage power lines. Much of WAPA's flight time is in remote locations. Which is an updated version of the Bell Helicopter model 206. /5/ This would result in WAPA having a fleet of three Bell Helicopters. Market research was performed to determine vendors' interest in providing the helicopter. View Decision Matter of: American Eurocopter Corporation File: B-283700 Date: December 16, 1999 DIGEST Attorneys DECISION American Eurocopter Corporation (AEC) protests the restriction of request for quotations (RFQ) No. DE-RQ-65-99-WA-12296, issued by the Western Area Power Administration (WAPA), for a Bell Helicopter Model 407. AEC contends that restricting the competition to a brand name is unreasonable because AEC's helicopter will meet all the agency's needs. We deny the protest. WAPA, a part of the Department of Energy, markets hydroelectric power and related services throughout 15 western states. /1/ To this end, WAPA maintains almost 17,000 miles of high voltage transmission lines and 358 microwave communication sites. Agency Report at 1. In performing these duties, WAPA uses helicopters for the inspection of lines and other maintenance services. Agency's Post-Hearing Comments at 6. The maintenance work includes the placement of transmission line marker balls on a narrow static line; this requires the use of a specialized device that is suspended below the helicopter and requires the helicopter pilot to hover only 30 feet above high-voltage power lines. Much of WAPA's flight time is in remote locations, over difficult terrain, at high altitudes, and in extreme climates, which affect helicopter performance. Hearing Videotape (VT) at 9:47. /2/ For example, WAPA operates helicopters during winters in the mountains of Colorado and summers in the desert of New Mexico. WAPA currently has a fleet of four helicopters, consisting of two Bell Helicopter model 206 Jet Rangers and two Bell Helicopter model 206 Long Rangers and a staff of five pilots. /3/ VT at 9:42-43, 9:45. As a result of a 1997 efficiency study, WAPA determined that it requires only three helicopters and four pilots to perform its mission. /4/ Agency Report, Tab 1, Determination and Finding under Title II of the Federal Property and Administrative Services Act, at 1; VT at 9:37, 12:45-46. The agency decided to trade in the two Jet Rangers and purchase a Bell Helicopter model 407, which is an updated version of the Bell Helicopter model 206. /5/ This would result in WAPA having a fleet of three Bell Helicopters. VT at 9:45. WAPA decided to procure the Bell Helicopter model 407 under the authority of the test program procedures of Federal Acquisition Regulation (FAR) subpart 13.5, which authorizes the use of simplified procedures for the acquisition of commercial items valued up to $5 million. Market research was performed to determine vendors' interest in providing the helicopter, and eight vendors expressed interest in supplying this aircraft. Agency Report at 2. A justification for other than full and open competition was prepared to restrict the procurement to this specific make and model. Agency Report, Tab 3. The justification stated the following reasons for restricting competition: A. [WAPA's] current fleet of 4 helicopters is all Bell Helicopters. B. [WAPA's] inventory of parts and accessories are for Bell Helicopters. C. [WAPA] owned specialized equipment, such as an Inframetrics IR [infrared] Camera System exclusively used for transmission line and substation IR inspections and a Hazard Marking Sphere and Anti-Spin devices were designed specifically for a Bell Helicopter. D. [WAPA's] pilot staff is trained only on Bell Helicopters. Standardization is essential because [WAPA's] pilots rotate to different locations as relief pilots. Some of [WAPA's] pilots have never been qualified in a helicopter other than Bell. E. [WAPA's] pilots would have to be trained at two different flight training facilities and [WAPA's] Instructor Pilot would have to give [WAPA] pilots twice as many Competency Check Flights if a different make and model helicopter were operated by [WAPA]. F. Costs related to pilot training, currency and travel would double. G. [WAPA] would have to seek and contract to another manufacturer's service center for maintenance requirements. H. [WAPA's] computerized pilot training program is for Bell Helicopters only. I.