Prisoner Transportation Services, LLC; V1 Aviation, LLC; AAR Aircraft Services, B-292179; B-292179.2; B-292179.3, June 27, 2003

Prisoner Transportation Services, LLC; V1 Aviation, LLC; AAR Aircraft Services, B-292179; B-292179.2; B-292179.3, June 27, 2003 TITLE: Prisoner Transportation Services, LLC; V1 Aviation, LLC; AAR Aircraft Services, B-292179; B-292179.2; B-292179.3, June 27, 2003 BNUMBER: B-292179; B-292179.2; B-292179.3 DATE: June 27, 2003 ********************************************************************** Prisoner Transportation Services, LLC; V1 Aviation, LLC; AAR Aircraft Services, B-292179; B-292179.2; B-292179.3, June 27, 2003 Decision Matter of: Prisoner Transportation Services, LLC; V1 Aviation, LLC; AAR Aircraft Services File: B-292179; B-292179.2; B-292179.3 Date: June 27, 2003 Chuck Zubarik, Prisoner Transportation Services, LLC; Chip Hunter, V1 Aviation, LLC; and Frederick W. Claybrook, Jr., Crowell & Moring, for AAR Aircraft Services, for the protesters. Allen Weh, CSI Aviation Services; Joseph W. Tasler, Air Charter Team; and James P. Flynn, Aviation Enterprises, Inc., for the intervenors. Gerald M. Auerbach, Esq., and Joni M. Gibson, Esq., Department of Justice, for the agency. Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Solicitation term limiting offers to particular make and model of aircraft unduly restricts full and open competition, where the agency concedes that other aircraft can meet its needs. 2. Solicitation term limiting offers to aircraft manufactured after 1990 is reasonably related to the agency's needs because the agency has shown that limitation was designed to avoid the problems associated with aging aircraft. 3. Protest that agency should have provided for multi-year pricing instead of requiring proposals based on a 1-year contract with multiple options totaling 10 years is denied, where the agency has the discretion to decide whether to allow multi-year contracts under 41 U.S.C. S: 254c(a) and reasonably determined that the approach included in its solicitation will provide economy in administration, performance, and operation. DECISION Prisoner Transportation Services, LLC; V1 Aviation, LLC; and AAR Aircraft Services protest the terms of request for proposals (RFP) No. MS-03-R-0008 (RFP -0008), issued by the United States Marshals Service (USMS), for the lease and maintenance of six Boeing 737 passenger aircraft for up to 10 years for prisoner transfer and other purposes. We sustain the protests of Prisoner and AAR in part and deny them in part, and deny the protest of VI Aviation. The USMS currently operates a fleet of aircraft to transport prisoners and criminal aliens throughout the United States and to certain countries in Latin America, and seeks to replace this fleet with a long-term lease for jet aircraft. Before issuing a solicitation for these aircraft, the USMS conducted several market studies in 2000 and 2002 to assess the best methods of fulfilling the agency's needs. After considering acquisition costs, support and maintenance costs, operational costs, and availability, the agency's study concluded that *the Boeing 737-300 [and] 400 and the [McDonnell Douglas (MD)] 83 through 90 series aircraft are the aircraft that would best meet the [agency's] mission requirements, and would be readily available in the desired quantities to meet the [agency's] needs.* USMS Market Research, Large Aircraft Replacement Program, at 2; see Large Aircraft Replacement Study for USMS (Sept. 2000), at 26; Agency Report at 4. One study concluded that the Boeing 737‑300 and ‑400 aircraft provided *the most cost effective solution,* and that the MD-83 through ‑90 aircraft provided the *next most cost effective* solution because its costs were *very close* to those of the Boeing 737-300 and -400 models. Large Aircraft Replacement Study for USMS (Sept. 2000), at 26. This study also found that the Boeing 737-300 and -400 aircraft were *not in abundant supply,* and that the MD aircraft had better availability, which the agency noted *may translate into a somewhat lower purchase price or lease cost.* Id. After the studies were completed, the USMS issued an RFP on June 7, 2002, under commercial items procedures, for the long‑term lease and maintenance of jet aircraft, under which offerors were permitted to propose different makes or models of aircraft. The RFP stated a preference for aircraft less than 10 years old and noted that aircraft manufactured earlier than 1990 would not be excluded, but would be given a lower rating in the evaluation process. RFP No. MS‑02-R-0012 (RFP ‑0012) S: II, Part A, P: B.1.k. Moreover, the proposed aircraft were required to meet detailed performance and design requirements, including meeting requirements included in three trip scenarios.