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B-422346 May 07, 2024 1 (2024-05-07)

handle is hein.gao/gaoqhu0001 and id is 1 raw text is: G- AOU.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
DOCUMENT FOR PUBLIC RELEASE
The decision issued on the date below was subject to
Decision                           a GAO Protective Order. This redacted version has
been approved for public release.
Matter of: American Eagle Protection Services Corporation
File:     B-422346
Date:     May 7, 2024
Adam K. Lasky, Esq., Bret C. Marfut, Esq., and Stephanie B. Magnell, Esq., Seyfarth
Shaw LLP, for the protester.
Michael Kiffney, Esq., Department of Homeland Security, for the agency.
Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protest that the solicitation imposed excessive risk is denied where the solicitation
contained sufficient information for offerors to compete intelligently and evenly.
2. Protest that the agency unreasonably selected a fixed-price contract type is denied
where the solicitation contained discrete parameters and historical data that provide
adequate predictors of the amount of labor to be provided.
3. Protest that the solicitation contained minimum labor rates tables that were
inconsistent with an applicable statute is denied where the record did not substantiate
the alleged inconsistency.
4. Protest that the minimum labor rates tables were inconsistent with the option to
extend services clause is denied where the agency explained that the alleged
inconsistency is simply the result of the unique requirements of this acquisition.
DECISION
American Eagle Protection Services Corporation (AEPS), of Leander, Texas, protests
the terms of task order request for proposals (RFP) No. 70T05024R5900N002, issued
by the Department of Homeland Security, Transportation Security Administration (TSA),
for airport screening services. AEPS argues that certain of the RFP's terms are
unreasonable.

We deny the protest.

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