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Link : GAO Opinion. Agency : Department of the Army. Disposition : Protest dismissed in part, denied in part. GAO Digest:. Protest that oral solicitation failed to state how quotations were to be evaluated filed after issuance of purchase order is dismissed as untimely. General Counsel P. Highlight :. Palm Beach Aviation, Inc. GAO dismisses the protest in part and denies the protest in part.

Moreover, whether or not the agency complied with internal agency regulations or guidelines is not for determination under GAO bid protest jurisdiction. With respect to the price evaluation, the RFP provided that the total cost to provide an aircraft with pilot and the total price for fuel consumption would be added together to determine the total operating cost.

The total operating cost would then be divided by the number of jumpers the proposed aircraft could safely lift to determine a cost per jumper and the best price for the government.

GAO states that in order to satisfy its current needs pending resolution of protests B and B The contracting officer CO states that he only solicited Rampart and PBA, and that he advised the vendors that award would be based on an hourly rate, which should include the cost of fuel. Vendors were advised that the government would pay for actual hours used and would guarantee a minimum of hours, but not more than hours. Rampart and PBA submitted quotes by the June 11 due date.

On June 12, a purchase order was issued to Rampart, and this protest followed. GAO dismisses the arguments. Under Bid Protest Regulations, protests based upon alleged improprieties in a solicitation which are apparent prior to the closing time for receipt of proposals must be filed prior to that time.

Since PBA submitted a quote and did not file its protest until after it was notified of nonselection, its protest challenging what are, essentially, the ground rules of the procurement is not timely and will not be considered.

The protest is dismissed in part and denied in part. Highlight : Palm Beach Aviation, Inc. Related Posts. Comments are closed. Get Help.


Palm Beach Aviation, Inc., B-401450; B-401450.2; B-401516, August 28, 2009


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