Air Resources Helicopters, Inc. (12024B19R9814)

B-418317 Feb 05, 2020 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Air Resources Helicopters, Inc., of Murrieta, California, protests the terms of solicitation No. 12024B19R9814, issued by the Department of Agriculture, U.S. Forest Service (USFS), for exclusive-use type III helicopter service. The protester argues that the solicitation failed to include five line items that the agency represented would be included as an inducement for Air Resources to withdraw a prior protest. We dismiss the protest because, as filed with our Office, it does not establish a valid basis for challenging the agency's actions. 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:  Air Resources Helicopters, Inc. File:  B-418317 Date:  February 5, 2020 Jeremy R. Cook, Esq., Cohne Kinghorn, PC, for the protester. Azine Farzami, Esq., Department of Agriculture, for the agency. Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of the terms of a solicitation alleging that an agency reneged on representations made only to the protester about corrective action that was more favorable to the protester--that the protester contends was offered as an inducement for the company to withdraw an earlier protest--is dismissed where the protester fails to show that the terms of the solicitation violate procurement law or regulation. DECISION   Air Resources Helicopters, Inc., of Murrieta, California, protests the terms of solicitation No. 12024B19R9814, issued by the Department of Agriculture, U.S. Forest Service (USFS), for exclusive-use type III helicopter service.  The protester argues that the solicitation failed to include five line items that the agency represented would be included as an inducement for Air Resources to withdraw a prior protest. We dismiss the protest because, as filed with our Office, it does not establish a valid basis for challenging the agency’s actions. BACKGROUND On October 16, 2018, the agency issued solicitation No. 1243N919Q0001 (not the current solicitation), under Federal Acquisition Regulation (FAR) parts 12 and 15, for type III light helicopter service for USFS Region 8, which encompasses 13 southern region states and Puerto Rico.  The solicitation included 10 contract line item numbers (CLIN), each specifying a geographic host base and mandatory availability period.  Solicitation No. 1243N919Q0001 at 2-24.  The solicitation contemplated the award of multiple fixed-price (with economic price adjustment), indefinite-delivery, indefinite-quantity contracts for a maximum of one base year and three option periods.  Id. at 1.  In December 2018, the agency made 10 awards--one for each CLIN--to several offerors, including Air Resources.  After the agency provided debriefings to unsuccessful offerors, three different disappointed offerors filed protests (B-417190, B-417190.2, and B-417190.3) with our Office.  Prior to the agency report due date for the protests, the agency notified our Office, on December 19, 2018, that it had identified errors in its evaluation and intended to take corrective action by reevaluating all the proposals and making a new source selection decision for all 10 CLINs.  Notice of Corrective Action (B-417190.1-3).  Based on the agency’s proposed corrective action, we dismissed the three protests as academic.  In February 2019, after the agency had completed its reevaluation and made new awards, Helicopter Express, Inc., one of the prior protesters, filed a protest with our Office (B‑417190.4), challenging the agency’s award of five of the solicitation’s 10 CLINs.  Two of the challenged CLINs had been awarded to Air Resources.[1]  B‑417190.4 Protest, at 4-10.  On March 14, prior to the agency report due date for that protest, the agency advised our Office, that it had, again, identified errors in the evaluation of proposals, and that it intended to take corrective action this time by terminating “the current awards for the [five] protested line items, re-issue[ing] the solicitation, and mak[ing] a new source selection decision.”  Notice of Corrective Action (B-417190.4).  Our Office dismissed the B‑417190.4 protest as academic on March 15. On March 25, the agency notified Air Resources (because Air Resources had been awarded two of the five challenged CLINs) that, upon further review, the agency had decided to reevaluate the proposals received for the five CLINs challenged in the B‑417190.4 protest--rather than re-issue the solicitation, as proposed in the notice of corrective action--and make awards for the five challenged CLINs based on the reevaluation.  Protest, exh.