KR Contracting, Inc. (70T05024R5900N002)

B-422346 May 07, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights American Eagle Protection Services Corporation (AEPS), of Leander, Texas, protests the terms of task order request for proposals (RFP) No. 70T05024R5900N002, issued by the Department of Homeland Security, Transportation Security Administration (TSA), for airport screening services. AEPS argues that certain of the RFP's terms are unreasonable. We deny the protest. View Decision To try a possibly improved version of this application go here Take the word document of a bid protest and save to "filtered-html" Browse for the .htm file then click "Generate HTML" Paste the HTML into PMR ( may need some final additions such as indentations and boldings ) File: No file chosen preserve indenting: preserve fontsize: Decision Matter of: American Eagle Protection Services Corporation File: B-422346 Date: May 7, 2024 Adam K. Lasky, Esq., Bret C. Marfut, Esq., and Stephanie B. Magnell, Esq., Seyfarth Shaw LLP, for the protester. Michael Kiffney, Esq., Department of Homeland Security, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that the solicitation imposed excessive risk is denied where the solicitation contained sufficient information for offerors to compete intelligently and evenly. 2. Protest that the agency unreasonably selected a fixed-price contract type is denied where the solicitation contained discrete parameters and historical data that provide adequate predictors of the amount of labor to be provided. 3. Protest that the solicitation contained minimum labor rates tables that were inconsistent with an applicable statute is denied where the record did not substantiate the alleged inconsistency. 4. Protest that the minimum labor rates tables were inconsistent with the option to extend services clause is denied where the agency explained that the alleged inconsistency is simply the result of the unique requirements of this acquisition. DECISION American Eagle Protection Services Corporation (AEPS), of Leander, Texas, protests the terms of task order request for proposals (RFP) No. 70T05024R5900N002, issued by the Department of Homeland Security, Transportation Security Administration (TSA), for airport screening services. AEPS argues that certain of the RFP’s terms are unreasonable. We deny the protest. BACKGROUND TSA may contract with qualified companies as part of the Screening Partnership Program (SPP) to provide security screening services at commercial airports. 49 U.S.C. § 44920. As part of this program, TSA awards indefinite-delivery, indefinite‑quantity (IDIQ) contracts to eligible firms. Screening Partnership Program, www.tsa.gov/for-industry/screening-partnerships (last visited, Apr. 24, 2024). A private company is qualified, in part, based on whether the company will provide its employees with compensation and other benefits that are no less than the level of compensation and benefits that would be provided to federal employees. 49 U.S.C. § 44920(c). Also, TSA may only enter a contract for security screening services when the price is equal to or less than the cost to the agency. 49 U.S.C. § 44920(d)(2)(C). On January 19, 2024, the agency issued the RFP to holders of an SPP IDIQ contract to provide screening services at the Orlando Sanford international Airport (SFB) in Orlando, Florida. Agency Report (AR), Tab 1, RFP at 1, 12; Contracting Officer’s Statement at 2.[1] The contractor will be expected to provide screening services at passenger, baggage, and aviation direct access checkpoints. AR, Tab 5, Conformed IDIQ at 167; RFP at 12. The RFP contemplates the issuance of a single task order to be performed on a fixed‑price plus award fee basis over a 4-month transition period, an 8-month base period, four 1‑year option periods, and one 6-month extension period. RFP at 3-11, 68. When screening passengers, the contractor is required to operate at least one security lane unless passenger wait times exceed 10 minutes. AR, Tab 5, Conformed IDIQ at 168. If passenger wait times exceed 10 minutes, the contractor must operate one additional lane. Id. If the contractor operates every lane available and passenger wait times still exceed 20 minutes, then the contractor must report the instance to the airport technical monitor. Id. The SFB has eight security lanes available. RFP at 13. When screening baggage, the contractor is required to operate all screening locations to ensure that all bags are timely screened. RFP at 169. The contractor must also ensure that checked baggage can be visibly and readily identified as being screened, and that the contractor’s approach will not damage the baggage. Id. The RFP includes historical passenger screening data for the period lasting from 2019 through 2023. AR, Tab 2, RFP, amend. 1 at 137.