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B-412789,B-412789.3,B-412790,B-412790.3 1 (2016-06-02)

handle is hein.gao/gaobadshq0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has Decision been approved for public release. Matter of: Air Center Helicopters, Inc. File: B-412789; B-412789.3; B-412790; B-412790.3 Date: June 2, 2016 Sharon L. Larkin, Esq., and Nicholas Petts, Esq., Steptoe & Johnson LLP, for the protester. David M. Nadler, Esq., and Stephanie Zechmann, Esq., Blank Rome LLP, for Erickson Incorporated, the intervenor. Cynthia R. Martin, Esq., and Jeffrey Davenport, Esq., Department of the Navy, for the agency. K. Nicole Willems, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency's interpretation of a solicitation requirement was unreasonable is denied where the solicitation, when read as a whole and in a manner giving effect to all of its provisions, supports a finding that the agency's interpretation was reasonable. 2. Protest that agency improperly waived a solicitation requirement that proposals include proof of ownership or a binding agreement to purchase or charter proposed aircraft if awarded the contract is denied where the agency reasonably determined that both offerors had complied with the requirement by demonstrating the capability to enter into leases. DECISION Air Center Helicopters, Inc. (ACHI), of Burleson, Texas, protests the award of contracts to Erickson Inc., of McMinnville, Oregon, under request for proposals (RFP) No. N62387-15-R-8008 (-8008) and RFP No. N62387-15-R-8009 (-8009), issued by the Department of the Navy, Military Sealift Command, for ship-based and/or shore-based vertical replenishment services. ACHI argues that the agency should have found Erickson's proposal unacceptable because Erickson's proposed heavy-lift helicopter was not listed on the company's operations specifications (OpSpec) at the time proposals were submitted. ACHI also argues that the agency