Government Contract Services Company, B-294367, October 25, 2004

B-294367 Oct 25, 2004 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Government Contract Services Company (GCS) protests an alleged relaxation of requirements under request for proposals (RFP) No. MS-04-R-0005, issued as a small business set-aside by the Department of Justice, United States Marshals Service (USMS), for the procurement of leased aircraft and associated aircraft maintenance services. GCS contends that it did not compete under the RFP because it believed certain solicitation requirements were too stringent for it to participate in the procurement. GCS alleges that because amendment No. 4 to the RFP relaxed these terms after the closing time for the receipt of proposals, the solicitation must be cancelled and the requirement resolicited to allow GCS an opportunity to compete under the amended terms. We deny the protest. View Decision B-294367, Government Contract Services Company, October 25, 2004 Decision Matter of: Government Contract Services Company File: B-294367 Date: October 25, 2004 David K. Eary for the protester. James P. Flynn for Aviation Enterprises, Inc., an intervenor. Joni M. Gibson, Esq., Department of Justice, United States Marshals Service, for the agency. Susan K. McAuliffe, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that amendment's alleged relaxation of requirements requires cancellation of solicitation is denied where amendment does not substantially alter solicitation terms. DECISION Government Contract Services Company (GCS) protests an alleged relaxation of requirements under request for proposals (RFP) No.MS-04-R-0005, issued as a small business set-aside by the Department of Justice, United States Marshals Service (USMS), for the procurement of leased aircraft and associated aircraft maintenance services. GCS contends that it did not compete under the RFP because it believed certain solicitation requirements were too stringent for it to participate in the procurement. GCS alleges that because amendment No.4 to the RFP relaxed these terms after the closing time for the receipt of proposals, the solicitation must be cancelled and the requirement resolicited to allow GCS an opportunity to compete under the amended terms. We deny the protest. The RFP, issued on January 9, 2004, pursuant to the streamlined procedures of Federal Acquisition Regulation (FAR) part 12 for the acquisition of commercial items, contemplated contract awards for a base year and 2 option years for the lease of large passenger aircraft (and associated maintenance services) to move prisoners and illegal aliens for the Bureau of Prisons, the USMS, and the Bureau of Immigration and Customs Enforcement. Three contracts were anticipated; each contractor was to provide two aircraft at one of the following three sites: Oklahoma City, Oklahoma; Mesa, Arizona; and Alexandria, Louisiana. The RFP set out three evaluation factors for award: maintenance capability (to include identification of the intended maintenance approach and submission of Federal Aviation Administration certification for the approach); past performance; and price. Maintenance capability was to be evaluated on a pass/fail basis; prospective offerors were advised that failure to pass this factor would render an offeror ineligible for award. Equal weight was to be assigned to past performance and price to determine which offer presented the "best value" to the agency. RFP V. Contract award would not become final, however, until the apparent awardees' aircraft passed an inspection verifying compliance with RFP requirements. RFP V, 7. The RFP advised that offerors would not be given an opportunity to cure deficiencies found during the award inspection; rather, award would be made to the offeror next in line for award. Id. Four amendments to the RFP were issued by the agency. Amendment No. 1, issued on February 9, provided clarifications to specifications and a February 26 closing time for the receipt of proposals. Three offerors submitted proposals by that time. GCS did not submit a proposal. [1] The agency reports that after a review of the firms' initial proposals under the maintenance capability factor, it concluded that an amendment to the RFP should be issued to clarify the pass/fail evaluation basis for the factor. Amendment No. 2, issued on March 3, retained the pass/fail terms of the RFP, but deleted the phrase: "[o]fferors failing to pass the evaluation of the maintenance capability will not be further evaluated or considered for award." Amend. 2, Mar. 3, 2004. The agency apparently perceived a need for the amendment to clarify that it intended to consider proposal revisions in evaluating the proposals under this criterion, after it noticed that the firms' initial proposals failed to contain sufficient maintenance certification documentation. [2] Amendment No.