Unredacted GAO Statement obtained under FOI Act Re
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Posted On: 09/11/2019 2:55:01 PM
Unredacted GAO Statement obtained under FOI Act Request by shareholder "StihlsawsRule:
GAO Decision
Matter of: Omega Aerial Refueling Services Incorporated
File: B-417751; B-417751.2
Date: August 20, 2019
DECISION
Omega Aerial Refueling Services, Inc., of Alexandria, Virginia, protests the Department of the Navy’s award of a contract to TriStar Air, LLC, pursuant to request for proposals (RFP) No. N00421-16-R-0032, to provide aerial refueling services. Omega challenges various aspects of the agency’s evaluation and source selection process.
We dismiss the protest based on the agency’s pending corrective action.
By letter dated August 7, 2019, the agency advised our Office that the agency had decided to take corrective action. Department of the Navy, Letter to GAO, Aug. 7, 2019.
The agency states that it “intends to address issues identified within the terms of the RFP and the agency’s evaluation of proposals”
and, further,
"intends to validate the requirement and address any other issues identified to ensure compliance with the Competition in Contracting Act and all other procurement regulations.”
Finally, the agency states that:
“offerors will be provided another opportunity to submit proposals and ultimately compete to provide aerial refueling services to the Navy.”
The jurisdiction of our Office is established by the bid protest provisions of the Competition in Contracting Act of 1984, 31 U.S.C. §§ 3551-3557.
Our role in resolving bid protests is to ensure that the statutory requirements for full and open competition are met.
See Pacific Photocopy and Research Servs., B-278698, B-278698.3, Mar 4, 1998, 98-1 CPD 69
Where, as here, an agency undertakes corrective action that will
supersede and potentially alter the prior actions that formed the bases for protest, our Office will generally decline to rule on a protest challenging those prior actions on the basis that the protest is rendered academic.
See Dyna-Air Eng’g Corp.B-278037, Nov. 7, 1997, 97-2 CPD 132.
The protest is dismissed.
Thomas H. Armstrong
General Counsel
GAO Decision
Matter of: Omega Aerial Refueling Services Incorporated
File: B-417751; B-417751.2
Date: August 20, 2019
DECISION
Omega Aerial Refueling Services, Inc., of Alexandria, Virginia, protests the Department of the Navy’s award of a contract to TriStar Air, LLC, pursuant to request for proposals (RFP) No. N00421-16-R-0032, to provide aerial refueling services. Omega challenges various aspects of the agency’s evaluation and source selection process.
We dismiss the protest based on the agency’s pending corrective action.
By letter dated August 7, 2019, the agency advised our Office that the agency had decided to take corrective action. Department of the Navy, Letter to GAO, Aug. 7, 2019.
The agency states that it “intends to address issues identified within the terms of the RFP and the agency’s evaluation of proposals”
and, further,
"intends to validate the requirement and address any other issues identified to ensure compliance with the Competition in Contracting Act and all other procurement regulations.”
Finally, the agency states that:
“offerors will be provided another opportunity to submit proposals and ultimately compete to provide aerial refueling services to the Navy.”
The jurisdiction of our Office is established by the bid protest provisions of the Competition in Contracting Act of 1984, 31 U.S.C. §§ 3551-3557.
Our role in resolving bid protests is to ensure that the statutory requirements for full and open competition are met.
See Pacific Photocopy and Research Servs., B-278698, B-278698.3, Mar 4, 1998, 98-1 CPD 69
Where, as here, an agency undertakes corrective action that will
supersede and potentially alter the prior actions that formed the bases for protest, our Office will generally decline to rule on a protest challenging those prior actions on the basis that the protest is rendered academic.
See Dyna-Air Eng’g Corp.B-278037, Nov. 7, 1997, 97-2 CPD 132.
The protest is dismissed.
Thomas H. Armstrong
General Counsel
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