TITLE: B-298172, Knowledge Connections, Inc., April 12, 2006
BNUMBER: B-298172
DATE: April 12, 2006
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B-298172, Knowledge Connections, Inc., April 12, 2006

   Decision

   Matter of: Knowledge Connections, Inc.

   File: B-298172

   Date: April 12, 2006

   Barry Roberts, Esq., for the protester.

   Virginia G. Farrier, Esq., Department of Homeland Security, for the
   agency.

   Sharon L. Larkin, Esq., and James A. Spangenberg, Esq., Office of the
   General Counsel, GAO, participated in the preparation of the decision.

   DIGEST

   GAO has no jurisdiction to consider protest of solicitation for services
   issued by the Transportation Security Administration since that agency is
   subject to the Federal Aviation Administration's Acquisition Management
   System that is expressly exempted from GAO's bid protest jurisdiction.

   DECISION

   Knowledge Connections, Inc. (KCI) protests the terms of solicitation No.
   HSCEAM-06-R-00014, issued by the Transportation Security Administration
   (TSA) for reservation center support services.

   We dismiss the protest.

   The Aviation and Transportation Security Act (ATSA), relevant parts of
   which are set forth at 49 U.S.C. sect. 114 (2004 Supp.), established in
   2001 the TSA as a new agency within the Department of Transportation (DOT)
   and tasked it with security responsibilities for all modes of
   transportation overseen by the DOT and other related activities. Pursuant
   to 49 U.S.C. sect. 40110(d) (2005 Supp.), TSA procurements are subject to
   the Federal Aviation Administration's (FAA) Acquisition Management System
   (AMS). Procurements subject to the AMS are specifically exempted from our
   bid protest jurisdiction. 49 U.S.C. sect. 40110(d)(2)(F). Although the
   Homeland Security Act of 2002 transferred the TSA to the Department of
   Homeland Security, Pub. L. 107-296,116 Stat. 2135, 2173 (2002), the Act
   did not alter or amend the exemption from our bid protest jurisdiction.

   In the past, we have found that the bid protest exemption did not apply to
   protests involving TSA solicitations or contracts for services, which
   therefore remained subject to our bid protest jurisdiction. Resource
   Consultants, Inc., B-290163, B-290163.2, June 7, 2002, 2002 CPD para. 94
   at 5. In reaching this conclusion, we found that the ATSA limited the bid
   protest exemption to acquisitions involving "equipment, supplies, and
   materials." Id. In this regard, the ATSA states:

     (o) ACQUISITION MANAGEMENT SYSTEM.--The acquisition management system
     established by the Administrator of the Federal Aviation Administration
     under section 40110 shall apply to acquisitions of equipment, supplies,
     and materials by the Transportation Security Administration, or, subject
     to the requirements of such section, the Under Secretary may make such
     modifications to the acquisition management system with respect to such
     acquisitions of equipment, supplies, and materials as the Under
     Secretary considers appropriate, such as adopting aspects of other
     acquisition management systems of the Department of Transportation.

   49 U.S.C. sect. 114(o) (emphasis added).[1] However, in 2005, Congress
   enacted Public Law 109-90, 119 Stat. 2064 et seq., which at Title V
   provides as follows:

     Sec. 515. For fiscal year 2006 and thereafter, the acquisition
     management system of the [TSA] shall apply to the acquisition of
     services, as well as equipment, supplies, and materials.

   119 Stat. 2084. Since Congress has now provided that TSA acquisitions for
   services are covered by the AMS, KCI's protest of the solicitation for
   these services is exempt from our bid protest jurisdiction. 49 U.S.C.
   sect. 40110(d)(2)(F).

   The protest is dismissed.

   Anthony H. Gamboa

   General Counsel

   ------------------------

   [1] Our decision in Resources Consultants, Inc., supra, cited to section
   101(o) of Public Law No. 107-71 (2001), which was later set forth at 49
   U.S.C. sect. 114(o).