Timberline Helicopters, Inc.

B-414507 Jun 27, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Timberline Helicopters, Inc., of Sandpoint, Idaho, protests the terms of request for proposals (RFP) No. D17PS00157, issued by the Department of the Interior, Bureau of Land Management (BLM), for an exclusive use heavy size helicopter to transport qualified non-crewmembers and/or cargo in support of the agency's natural resource missions. Timberline contends that the solicitation is defective because no helicopter can meet the solicitation requirements and comply with applicable Federal Aviation Administration (FAA) regulations regarding the transport of qualified non-crewmembers. We deny the protest. We deny the protest. View Decision 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:  Timberline Helicopters, Inc. File:  B-414507 Date:  June 27, 2017 Alan I. Saltman, Esq., and Kathleen H. Barron, Esq., Smith, Currie & Hancock, LLP, for the protester Sherry Kinland Kaswell, Esq., Department of the Interior, for the agency. Nora K. Adkins, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the terms of the solicitation is denied where the protester has not demonstrated that meeting the solicitation requirements and complying with applicable Federal Aviation Administration regulations is impossible and fails to show that the agency's judgments are otherwise unreasonable. DECISION Timberline Helicopters, Inc., of Sandpoint, Idaho, protests the terms of request for proposals (RFP) No. D17PS00157, issued by the Department of the Interior, Bureau of Land Management (BLM), for an exclusive use heavy size helicopter to transport qualified non-crewmembers and/or cargo in support of the agency's natural resource missions.  Timberline contends that the solicitation is defective because no helicopter can meet the solicitation requirements and comply with applicable Federal Aviation Administration (FAA) regulations regarding the transport of qualified non-crewmembers. We deny the protest. The BLM issued the RFP on February 27, 2017, for exclusive use helicopter flight services to transport qualified non-crewmembers (firefighters) and/or cargo in support of BLM's fire management missions, pursuant to the procedures contained in Federal Acquisition Regulation (FAR) parts 12 (commercial items) and 15 (contracting by negotiation).  RFP at 1, 6.  The solicitation anticipated the award of a fixed-price indefinite-delivery, indefinite-quantity contract for a 1-year base period and four 1-year option periods.  Id. at 6.  The solicitation listed a number of services to be provided under the contract, including:  provision of a helicopter, personnel, fuel servicing vehicle, fuel, and all other associated equipment as prescribed in the solicitation.  Id. at 6, 12.  The RFP additionally provided that the missions may include, but are not limited to:  fire suppression, fire monitoring, initial attack, prescribed fire and aerial ignition, law enforcement (limited to nonthreatening surveillance and reconnaissance), hoist and fast rope insertion operations, and other administrative and related resource activities.  Id. at 12. Sections A and B of the RFP set forth the agency's requirements for the helicopter flight services including requirements for certain aircraft certificates.  Id. at 6-28.  As relevant here, section B2.5 of the RFP required the offered aircraft to have a standard airworthiness certificate or a restricted airworthiness certificate.  Id. at 12.  With respect to the restricted category aircraft, the RFP specified that the aircraft "must be certified under 14 CFR § 21.25(b)(2) 'Forest and Wildlife conservation'."[1]  Id.  The RFP also provided that "[f]or aircraft offered which are certificated under any other portion of 14 CFR § 21.25, offerors must provide a letter from the FAA authorizing the carriage of firefighters under 14 CFR § 91.313(d)(3) and/or 14 CFR § 91.313(d)(4) on the offered aircraft as certified."[2]  Id.  The RFP also provided that the "[c]ontractor must hold and keep current all of the following required certificates and must ensure that contract aircraft are operated and maintained in compliance with those certificates at all times."  Id. The RFP stated that the evaluation of proposals would first involve an acceptability determination.  Offeror acceptability would be determined by whether the proposal had assented to the RFP's terms, provided all information requested in the solicitation's instructions section (D4), not taken exception to the terms of the RFP, and offered aircraft that met the minimum aircraft requirements of the solicitation.  Id.