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B-421683.4 Jan 19, 2024 1 (2024-01-19)

handle is hein.gao/gaopws0001 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

                                             DOCUMENT   FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This version has been
                                          - - - - - - approved for public release.


Matter of:   Classic Air Charter, Inc.

File:        B-421683.4

Date:     January 19,   2024

Aron C. Beezley, Esq., and Gabrielle A. Sprio, Esq., Bradley Arant Boult Cummings
LLP, for the protester.
Cassandra  A. Maximous, Esq., and Javier A. Farfan, Esq., Department of Homeland
Security, for the agency.
Nathaniel S. Canfield, Esq., and Evan D. Wesser, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

1. Protest alleging that the amended terms of the solicitation are patently ambiguous is
denied where a superseding solicitation amendment resolved any ambiguity.

2. Protest alleging an improper evaluation of accounting system documentation is
denied where the protester was afforded an opportunity to respond to the agency's
concerns through discussions, and the protest merely anticipates prejudicial agency
action.
DECISION

Classic Air Charter, Inc., of Indiatlantic, Florida, protests as patently ambiguous the
amended  terms of request for quotations (RFQ) No. 70CDCR23Q00000004,   issued by
the Department of Homeland  Security, United States Immigration and Customs
Enforcement, for air charter aircraft services. The protester further protests the
agency's reevaluation of its quotation pursuant to corrective action taken by the agency
in response to previous protests, contending that the agency's reevaluation departs
from the terms of the RFQ.

We  deny the protest.

BACKGROUND

The procurement  at issue is to provide reliable, safe, and secure mass air transportation
for noncitizens in federal custody, and to carry out orders for the required departure of

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