John Gage--Designated Employee Agent
B-400379: Aug 4, 2008
- Full Report:
John Gage-Designated Employee Agent, National President of the American Federation of Government Employees, protests the Transportation Security Administration's (TSA) award of a contract to Lockheed Martin Integrated Systems, Inc. The contract was awarded to Lockheed on July 3, 2008, pursuant to solicitation No. HSTS01-08-HRM010 which was issued by TSA on October 18, 2007; the solicitation sought proposals to provide various human resources services. Gage asserts that the contract constitutes a direct conversion of activities performed by federal employees under Office of Management and Budget Circular No. A-76.
We dismiss the protest.
B-400379, John Gage--Designated Employee Agent, August 4, 2008
Pursuant to statutory and regulatory limitations on this Office's jurisdiction to hear protests challenging Transportation Security Administration (TSA) procurements, this Office will not consider a protest challenging a TSA procurement conducted in connection with a solicitation issued prior to
John Gage-Designated Employee Agent, National President of the American Federation of Government Employees, protests the Transportation Security Administration's (TSA) award of a contract to Lockheed Martin Integrated Systems, Inc. The contract was awarded to Lockheed on
In 2001 Congress enacted the Aviation Transportation Security Act, relevant portions of which are set forth at 49 U.S.C. sect. 114 (2004 Supp.), establishing the TSA as a new agency within the Department of Transportation and tasking it with broad transportation security responsibilities. Pursuant to 49 U.S.C. sect. 40110(d) (2005 Supp.), TSA procurements were subject to the Federal Aviation Administration's (FAA) acquisition management system and, because the statute also stipulated that procurements under that system are exempt from our bid protest jurisdiction, TSA procurements were not subject to protests filed at our Office pursuant to TSA's organic legislation.
Recent legislation effectively revised this Office's jurisdiction over protests challenging TSA procurements. Specifically, the Consolidated Appropriations Act, 2008 (CAA), Pub. L. No. 110-161, 121 Stat. 1844, was enacted on
In implementing the CAA's legislative changes, the DHS published a rule providing that TSA acquisitions initiated after
Here, Gage's protest challenges the award of a contract to Lockheed pursuant to a solicitation that was issued by TSA on October 18, 2007--that is, more than 2 months prior to enactment of the CAA and more than 8 months prior to the effective date of that legislation. In pursuing this matter, Gage complains that, in addition to engaging in a direct conversion of activities performed by federal employees, TSA intends to improperly increase the scope of services Lockheed will perform beyond the services contemplated by the solicitation, specifically to include performance of human resource services at DHS headquarters.
We view the protest, including the argument regarding the scope of the services to be performed, as challenging TSA's actions pursuant to the October 18 solicitation and, as such, outside of our jurisdiction. In short, consistent with the legislative provisions of TSA's organic legislation, as subsequently amended by the CAA, along with this Office's announcement that we would begin hearing protests challenging TSA procurements covered by TSA solicitations issued on or after June 23, our protest jurisdiction does not extend to Gage's protest which challenges TSA's contract award pursuant to a solicitation issued prior to June 23.
The protest is dismissed.
Gary L. Kepplinger