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B-404098,B-404098.2 1 (2011-01-05)

handle is hein.gao/gaobadbqa0001 and id is 1 raw text is: 


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 A       GA       O                                                  Comptroller General
f. A    Accountabity * Integrity * Reliability                        of the United States
  United States Government Accountability Office
  Washington, DC 20548

              D  ..
          Decision


          Matter  of:  Northwest Airport Management, L.P.

          File:        B-404098; B-404098.2

          Date:        January 5, 2011

          Robert C. MacKichan, Jr., Esq., and William M. Pannier, Esq., Holland & Knight LLP,
          for the protester.
          Joseph M. Barbato, Esq., Department of Homeland Security, for the agency.
          Paula A. Williams, Esq., and Edward T. Goldstein, Esq., Office of the General
          Counsel, GAO, participated in the preparation of the decision.
          DIGEST

          Protest challenging solicitation requirements as unduly restrictive of competition is
          denied where agency demonstrates that the challenged requirements are reasonably
          related to the agency's current minimum needs.
          DECISION

          Northwest Airport Management, L.P. d/b/a David Wayne Hooks Airport and its
          bidding entity Southeast Texas Aviation Resources L.P. (collectively, Northwest), of
          Spring, Texas, protests the terms of solicitation for offers (SFO) No.
          HSBP-1 1 10-L-DA00206, issued by the Department of Homeland Security, Customs
          and Border Protection (CBP), to provide hangar, office, and related space to meet
          the operational and mission requirements of the CBP's Houston Air and Marine
          Branch. Northwest argued that the SFO is unduly restrictive of competition in
          violation of the Competition in Contracting Act (CICA) of 1984.

          We  deny the protest.

          BACKGROUND

          Northwest currently provides hangar and related space to CBP's Houston Air and
          Marine Branch as the incumbent lessor. CBP awarded the lease to Northwest in
          September  1994 and it expired in September 2009. The agency reports that it has
          continued to lease the protester's facility on a month-to-month basis while it seeks to
          obtain a long-term lease that meets the agency's current and future operational
          needs.

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