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B-412711 1 (2016-05-16)

handle is hein.gao/gaobadsfi0001 and id is 1 raw text is: 




        G     A    O                                                  Comptroller General
      Accountabilty * Integrity * Reliability                          of the United States
United States Government Accountability Office  DOCUMENT-FOR--ULIC-RELEASE
Washington, DC 20548
                                                    The decision issued on the date below was subject to
                                                    a GAO Protective Order. This redacted version has
         Decision Ofbeen approved for public release.




         Matter of:  MorphoTrust USA, LLC

         File:        B-412711

         Date:       May 16, 2016

         Kevin P. Mullen, Esq., Damien C. Specht, Esq., and R. Locke Bell, Esq., Morrison &
         Foerster LLP, and Charles L. Capito, Esq., Jenner & Block LLP, for the protester.
         Virginia G. Farrier, Esq., Christopher J. Reames, Esq., and Angela M. Varner, Esq.,
         Department of Homeland Security, Transportation Security Agency, for the agency.
         Louis A. Chiarella, Esq., and Noah B. Bleicher, Esq., Office of the General Counsel,
         GAO, participated in the preparation of the decision.
         DIGEST

         Protester's contention that the Transportation Security Agency (TSA) is improperly
         using its other transactions authority--rather than a procurement contract--to enter
         into agreements with entities to develop innovations for the TSA Pre-® Application
         Expansion Initiative is denied where TSA has statutory authority to enter into other
         transactions and the protester has not shown that TSA's use of this authority is
         inconsistent with TSA's statute.
         DECISION

         MorphoTrust USA, LLC, of Washington, District of Columbia, protests the terms of
         request for proposals (RFP) No. HSTS02-16-R-OIA01 1, issued by the Department
         of Homeland Security (DHS), Transportation Security Agency (TSA), for the award
         of other transaction agreements in support of the TSA Pre-® Application
         Expansion Initiative.' MorphoTrust argues the solicited services must be acquired
         using a procurement contract; the protester also alleges that the solicitation is
         ambiguous and defective in certain regards.

         We deny the protest.


         1 As detailed below, an other transaction agreement is a special type of legal
         instrument used by federal agencies that possess such authority.

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