B-179276(2), OCT 19, 1973

B-179276(2): Oct 19, 1973

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

IT APPEARS THE PROTESTER COULD HAVE FURNISHED THE HELICOPTER AT LESS EXPENSE TO THE GOVERNMENT. WOULD HAVE PROVIDED THE CONTRACTING OFFICER WITH AN APPROPRIATE OPPORTUNITY TO CHECK WITH SEVERAL POSSIBLE SOURCES BEFORE MAKING AN AWARD WITHIN THE REQUIRED TIME FRAME. SECRETARY: THIS IS IN REPLY TO THE LETTER OF AUGUST 23. ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTER. ALTHOUGH WE HAVE NOT FOUND THAT THE CONTRACTING OFFICER ACTED ILLEGALLY IN ORDERING AN ADDITIONAL HELICOPTER FROM EVERGREEN. WE THINK HE WOULD HAVE ACTED MORE PRUDENTLY HAD HE DETERMINED THE COST OF THE DESIRED HELICOPTER AND ITS AVAILABILITY FROM SOURCES OTHER THAN EVERGREEN. IT APPEARS THAT THE PROTESTER COULD HAVE FURNISHED THE HELICOPTER AT CONSIDERABLY LESS EXPENSE TO THE GOVERNMENT.

B-179276(2), OCT 19, 1973

REGARDING PROTEST OF WESTERN HELICOPTERS, INC. AGAINST THE RENTAL OF A HELICOPTER FROM EVERGREEN HELICOPTERS, INC., UNDER CONTRACT NO. 39 4299, AWARDED BY U.S. FOREST SERVICE. IT APPEARS THE PROTESTER COULD HAVE FURNISHED THE HELICOPTER AT LESS EXPENSE TO THE GOVERNMENT, PURSUANT TO A CONTRACT IT HAD WITH REGION 3 OF THE FOREST SERVICE. NEGOTIATION PURSUANT TO FPRI-3.202, WOULD HAVE PROVIDED THE CONTRACTING OFFICER WITH AN APPROPRIATE OPPORTUNITY TO CHECK WITH SEVERAL POSSIBLE SOURCES BEFORE MAKING AN AWARD WITHIN THE REQUIRED TIME FRAME.

TO MR. SECRETARY:

THIS IS IN REPLY TO THE LETTER OF AUGUST 23, 1973, FROM THE ACTING ASSISTANT DIRECTOR OF THE OFFICE OF PLANT AND OPERATIONS REGARDING THE PROTEST OF WESTERN HELICOPTERS, INCORPORATED, AGAINST THE RENTAL OF A HELICOPTER FROM EVERGREEN HELICOPTERS, INCORPORATED, UNDER CONTRACT NO. 39 -4299 AWARDED BY THE U.S. FOREST SERVICE, REGION 5.

ENCLOSED IS A COPY OF OUR LETTER OF TODAY TO THE PROTESTER. ALTHOUGH WE HAVE NOT FOUND THAT THE CONTRACTING OFFICER ACTED ILLEGALLY IN ORDERING AN ADDITIONAL HELICOPTER FROM EVERGREEN, WE THINK HE WOULD HAVE ACTED MORE PRUDENTLY HAD HE DETERMINED THE COST OF THE DESIRED HELICOPTER AND ITS AVAILABILITY FROM SOURCES OTHER THAN EVERGREEN. IN THIS RESPECT, IT APPEARS THAT THE PROTESTER COULD HAVE FURNISHED THE HELICOPTER AT CONSIDERABLY LESS EXPENSE TO THE GOVERNMENT, PURSUANT TO A CONTRACT IT HAD WITH REGION 3 OF THE FOREST SERVICE. IT ALSO APPEARS THAT NEGOTIATION PURSUANT TO FPR 1-3.202, PERMITTING NEGOTIATED PROCUREMENTS WHEN THE "PUBLIC EXIGENCY" WILL NOT PERMIT THE DELAY INCIDENT TO FORMAL ADVERTISING, WOULD HAVE PROVIDED THE CONTRACTING OFFICER WITH AN APPROPRIATE OPPORTUNITY TO CHECK WITH SEVERAL POSSIBLE SOURCES BEFORE MAKING AN AWARD WITHIN THE REQUIRED TIME FRAME. ACCORDINGLY, WE RECOMMEND THAT YOUR CONTRACTING OFFICERS BE REMINDED OF THE PROCEDURES THAT ARE AVAILABLE TO INSURE THAT PROCUREMENT ACTIONS RESULT IN THE LOWEST COST TO THE GOVERNMENT.