Construction Helicopters, Inc. (1202SA22R9201)

B-420982.5 May 05, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Construction Helicopters, Inc., doing business as CHI Aviation (CHI), a small business of Howell, Michigan, challenges the terms of request for proposals (RFP) No. 1202SA22R9201, issued by the Department of Agriculture, Forest Service, for helicopter support services for wildland fire management. The protester contends that the terms of the RFP are defective because no offeror proposing helicopters configured from surplus military aircraft can meet the solicitation requirements. CHI also argues that the solicitation violates Federal Aviation Administration (FAA) regulations, and treats offerors proposing surplus military aircraft unequally. 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: Construction Helicopters, Inc., d/b/a CHI Aviation File: B-420982.5 Date: May 5, 2023 Lee Dougherty, Esq., Effectus, PLLC, for the protester. Tyler Ellis, Esq., Department of Agriculture, for the agency. Kasia Dourney, Esq., and Alexander O. Levine, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation terms as defective and unreasonably restrictive of competition is denied where the protester has not demonstrated that meeting the solicitation requirements is impossible or that the agency’s judgments are otherwise unreasonable. DECISION Construction Helicopters, Inc., doing business as CHI Aviation (CHI), a small business of Howell, Michigan, challenges the terms of request for proposals (RFP) No. 1202SA22R9201, issued by the Department of Agriculture, Forest Service, for helicopter support services for wildland fire management. The protester contends that the terms of the RFP are defective because no offeror proposing helicopters configured from surplus military aircraft can meet the solicitation requirements. CHI also argues that the solicitation violates Federal Aviation Administration (FAA) regulations, and treats offerors proposing surplus military aircraft unequally. We deny the protest. BACKGROUND The agency issued the RFP on July 28, 2022, under the provisions of Federal Acquisition Regulation (FAR) parts 12 and 15, seeking contractor-operated and maintained helicopter support services for wildland fire management for type 1 helicopters.[1] Agency Report (AR), Tab 30, RFP at 3, 261. The helicopter support services include the transport of firefighters, aerial delivery of water in support of fire suppression, helicopter operations for fire control, coordination, and project work. Contracting Officer’s Statement (COS) at 1. The solicitation anticipates award of multiple fixed-price, indefinite-delivery, indefinite-quantity (IDIQ) contracts, with an ordering period of a 1-year base and nine 1-year options. RFP at 9. The RFP provides for IDIQ awards to be made to all responsible offerors whose proposals “conform to all solicitation requirements, meet the [t]echnically [a]cceptable standard for the non-price factors,” and whose prices are deemed fair and reasonable. RFP at 264. For purposes of award, the Forest Service is to evaluate the following six factors: (1) mandatory documentation; (2) minimum aircraft payload (acceptability threshold for type of helicopter offered); (3) safety management system; (4) past performance; (5) organizational experience; and (6) price. Id. at 261. As relevant here, the RFP includes special requirements regarding restricted category helicopters configured from surplus military aircraft, providing that: helicopter(s) certificated in Restricted Category shall have been issued a Special Airworthiness Certificate.[[2]] Aircraft are required to have a Special Airworthiness Certificate prior to proposal [submission] and be submitted with mandatory documentation. RFP at 49. Additionally, helicopters configured from surplus military aircraft have to comply with unique safety maintenance requirements, as follows: Helicopters(s) which are configured from surplus military aircraft, which have FAA type certificates based upon military operation (in lieu of manufacturers’ type certificate) shall have, at the time of certification all applicable technical directives accomplished. This includes Time Compliance Technical Orders . . ., all military messages ([Aviation Safety Action Message (ASAMs), Aviation Maintenance Action Messages, Safety of Flight], etc.). Id. Also, the solicitation advises that: any message, bulletin etc., released by the military shall have the requirements accomplished after the original FAA type certification of former military aircraft. This includes any directives, which refer to later model derivatives which were issued after the earlier models left the military inventory.