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