Protest Against IFB Pilot Qualifications

A firm protested that pilot qualifications set by the Geological Survey in two solicitations were arbitrary and unduly restrictive of competition. The solicitations sought bids to lease helicopters; however, the protester did not bid on either solicitation. In both solicitations, bidders were requested to submit with their bids data showing that each pilot who might be employed under the contract met the solicitation's pilot qualifications. Each pilot was required to hold valid Federal Aviation Administration commercial pilot and medical certificates and a listing of logged flying time as pilot-in-command experience. The protester stated that it did not object to the Survey's use of high standards, but it objected to what it viewed as arbitrary paper standards. The Survey admitted that the pilot standards were stringent; however, the requirements were made stringent because the work was considered to be quite hazardous, and because several accidents involving pilot error had occurred during previous operations. GAO has always upheld requirements imposed by a procuring agency if the agency provides a reasonable basis for its requirements. GAO determined that the Survey demonstrated sufficient support for the criteria it had selected. While the protester disagreed with the Survey's choice of criteria, its disagreement related to the Survey's technical judgment, and it is not the responsibility of GAO to resolve technical disputes involving an agency's exercise of discretion absent clear evidence that it abused its discretion. The protester failed to show that USGS abused its discretion in selecting pilot criterion. Accordingly, the protest was denied.