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B-422424 Jun 17, 2024 1 (2024-06-17)

handle is hein.gao/gaoqmb0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
Decision
Matter of: Active Deployment Systems, LLC
File:     B-422424
Date:     June 17, 2024
Matthew T. Schoonover, Esq., Matthew P. Moriarty, Esq., John M. Mattox II, Esq.,
Ian P. Patterson, Esq., and Timothy J. Laughlin, Esq., Schoonover & Moriarty LLC, for
the protester.
Olivia L. Lynch, Esq., James G. Peyster, Esq., and Roxanne N. Cassidy, Esq.,
Crowell & Moring LLP, for Deployed Resources, LLC, the intervenor.
Joseph M. Barbato, Esq., Department of Homeland Security, for the agency.
Uri R. Yoo, Esq., and Alexander 0. Levine, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST
1. Protest that solicitation provides insufficient and misleading information is denied
where the record shows that the agency provided, through the solicitation and a
required site visit, information sufficient for vendors to compete intelligently and on a
relatively equal basis.
2. Protest that solicitation is unduly restrictive of competition and provides an unfair
competitive advantage to incumbent contractor is denied where the requirement is
reasonably necessary to meet the agency's needs and the record does not show any
unfair action or preferential treatment.
DECISION
Active Deployment Systems, LLC (ADS), a small business of San Marcos, Texas,
protests the terms of request for quotations (RFQ) No. 70B01 C24Q00000074, issued by
the Department of Homeland Security (DHS), U.S. Customs and Border Protection
(CBP), for the construction of, and services supporting, a temporary soft-sided facility
used to detain individuals for processing in North Eagle Pass, Texas. The protester
contends that the terms of the solicitation provide insufficient information for intelligent
competition, are unduly restrictive of competition, and provide an unfair competitive
advantage to the incumbent contractor.

We deny the protest.

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