[Protest of USDA Failure To Accept Bid]

A firm protested the failure of the Forest Service to accept its bid pursuant to a solicitation for the reprocurement of air tanker services for firefighting. The protester contended that: (1) it should have been solicited for the reprocurement; (2) its low bid was responsive; and (3) rejection of its bid was improper. The protester had originally held the contract; however its contract was terminated when its tanker did not pass inspection. GAO has held that the right of a defaulted contractor to participate in a resolicitation is not automatic, and the statutes and regulations governing Federal procurements are not strictly applicable to reprocurements in behalf of a defaulted contractor. Further, GAO held in a prior decision involving this procurement that it was not necessary for the Forest Service to solicit sources that were not likely to be capable of fulfilling its urgent requirements. GAO stated that the contracting officer's determination not to solicit the protester had a reasonable basis because: (1) the Forest Service had an urgent need for air tanker services; (2) the defaulted contractor's aircraft had twice failed inspections; and (3) the Forest Service needed to avoid delay associated with repetitive rebids and reinspections of the aircraft during the firefighting season. Accordingly, the protest was denied.