B-299720; B-299720.2, Carson Helicopter Services, Inc., July 30, 2007

B-299720; B-299720.2, Carson Helicopter Services, Inc., July 30, 2007 TITLE: B-299720; B-299720.2, Carson Helicopter Services, Inc., July 30, 2007 BNUMBER: B-299720; B-299720.2 DATE: July 30, 2007 ********************************************************************* B-299720; B-299720.2, Carson Helicopter Services, Inc., July 30, 2007 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: Carson Helicopter Services, Inc. File: B-299720; B-299720.2 Date: July 30, 2007 David M. Nadler, Esq., and Joseph Berger, Esq., Dickstein Shapiro LLP, for the protester. Major ChristinaLynn E. McCoy, and Roy L. Masengale, Esq., Department of the Army, for the agency. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST On a solicitation for aerial wildland fire suppression services to be awarded to the offeror submitting the low-priced, technically acceptable proposal under which technical proposals showing compliance with specifications were required, the agency unreasonably determined that the awardee's proposed helicopter met the payload requirements, based upon statements in the proposal indicating compliance, where the proposal also contained information that should reasonably have created doubt to an evaluator familiar with helicopters whether the helicopter in fact satisfied the requirements. DECISION Carson Helicopter Services, Inc., protests the award of a contract to Croman Corporation by the Department of the Army pursuant to request for proposals (RFP) No. W911S8-07-R-0007 for aerial wildland fire suppression services. The protester contends that the agency's evaluation of Croman's proposal was unreasonable because its proposed helicopter exceeded the manufacturer's allowable payload limitations. We sustain the protests. Issued on January 17, 2007, the RFP provided for the award of a fixed-price contract covering the period of May 15 to September 30, for the exclusive use of a rotary wing aircraft capable of delivering a minimum of 1,000 gallons of water in a single trip to fight wildland fires within the confines of Yakima Training Center, Yakima, Washington, and fires that threaten to enter or pass through the training center. The rotary wing aircraft was required to be certified under Federal Aviation Regulation part 135 to carry passengers for reconnaissance of wildland fires. RFP amend. 4, attach. 2, at 6. The RFP stated that the Army intended to award the contract without discussions to the offeror submitting the lowest-priced, technically acceptable proposal and which had satisfactory or neutral past performance. RFP, amend. 4, attach. 3, at 20. The RFP stated that the agency would determine technical acceptability by evaluating the three technical factors--management and staffing plan, type of aircraft and delivery system, and response to wildland fires--as "met" or "not met." Id. at 20-21. With regard to the type of aircraft and delivery system factor, the RFP required that the offerors: Describe[] the type of aircraft, lifting capability, Federal Aviation Regulation Certifications held (e.g. part 133, 135, etc.), and the type of water delivery system (e.g. bucket, tank, etc.) to include the amount of agent that can be delivered for firefighting support, and agent re-fill system (e.g. gravity, suction pump, etc.). Meets all PWS specifications and convinces the Government that the contractor can adequately meet the requirement. Id. at 21. Under the performance work statement (PWS) included in the RFP, the "intent" of the contract with regard to the required aircraft is stated as follows: The aircraft shall have a minimum capacity to deliver 1,000 gallons of water by bucket or fixed tank in a single trip. The contractor shall operate the aircraft safely and efficiently carrying 1,000 gallons of water at 15 degrees Celsius, 29.92 altimeter setting at 1,500 feet above sea level, and carry at least 1.5 hours worth of fuel. RFP, amend. 4, attach. 2 at 6. Where a water bucket was to be used on the helicopter, the PWS provided that the contractor was to determine the helicopter's "allowable payload in accordance with the aircraft manufacturer's operation and maintenance requirements, assuming 8.35 pounds per gallon of water." Id. at 11. Three proposals were received in response to the RFP.