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Last Build Date: Sat, 25 Feb 2017 13:26:47 -0500

 



B-414179, Glem Gas S.p.A., February 23, 2017

Fri, 24 Feb 2017 12:00:00 -0500

Glem Gas S.p.A., of San Cesario sul Panaro, Italy, protests the issuance of a purchase order to Gaeta Ship Supply SRL (Gaeta), of Gaeta, Italy, under request for quotations (RFQ) No. N68171-17-T-2003, issued by the Department of the Navy, Naval Supply Systems Command, for stoves. Glem Gas contends that the Navy improperly waived the RFQ's salient characteristics by selecting the awardee's non-conforming product. We deny the protest.



B-413721.2, Smartronix, Inc., February 22, 2017

Fri, 24 Feb 2017 12:00:00 -0500

Smartronix, Inc., a small business of Hollywood, Maryland, protests the issuance of a task order to Atlantic CommTech Corporation, of Norfolk, Virginia, under request for proposals (RFP) No. FA8307-16-R-0088, issued by the Department of the Air Force for maintenance support services for the cyberspace vulnerability assessment/hunter (CVA/H) weapon system. Smartronix challenges the agency's cost evaluation. We deny the protest.



B-414000, Government Contract Solutions, LLC, January 18, 2017

Fri, 24 Feb 2017 12:00:00 -0500

Government Contract Solutions, Inc. (GCS), of McLean, Virginia, a small business, protests the issuance of a task order by the Defense Intelligence Agency (DIA) to Potomac Wave Consulting, Inc., of Alexandria, Virginia, pursuant to an unnumbered task order proposal request (TOPR) for comptroller support. The protester challenges DIA's evaluation of its technical proposal. We deny the protest.



B-414109, Marine Design Dynamics, Inc., February 16, 2017

Thu, 23 Feb 2017 12:00:00 -0500

Marine Design Dynamics, Inc. (Marine), of Washington, DC, protests the rejection of its proposal under request for proposals (RFP) No. N00024-16-R-2212, issued by the Department of the Navy, Naval Sea Systems Command, for a post shakedown availability of United States Naval Ship (USNS) Lewis B. Puller (Puller), an expeditionary mobile base vessel. Marine challenges the agency's conduct of discussions and the evaluation of its technical proposal. We deny the protest.



B-414112, Antico Cantiere Del Legno Giovanni Aprea Di Cataldo S.R.L., February 21, 2017

Tue, 21 Feb 2017 12:00:00 -0500

Antico Cantiere Del Legno Giovanni Aprea Di Cataldo S.R.L., of Sorrento, Italy, protests the issuance of a purchase order to Cantiere Navale Basilio Postigilione S.R.L., of Bacoli, Italy, under request for quotations (RFQ) No. N68171-17-T-0008, issued by the Department of the Navy, Naval Supply Systems Command, Fleet Logistics Center Sigonella, for the storage and teak deck repair of the Grazie II Admiral's Barge. Antico argues that the agency's evaluation of its quotation and resulting award decision were improper. We deny the protest.



GAO-17-410R, Department of Education: Open Licensing Requirement for Competitive Grant Programs, February 09, 2017

Fri, 17 Feb 2017 12:00:00 -0500

GAO reviewed the Department of Education's (Education) new rule on the open licensing requirement for competitive grant programs. GAO found that (1) the final rule amends the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in order to require, subject to certain categorical exceptions and case-by-case exceptions, that Education grantees awarded competitive grant funds openly license to the public copyrightable grant deliverables created with Education grant funds; and (2) Education complied with applicable requirements in promulgating the rule.



GAO-17-391R, Department of Energy: Energy Conservation Program: Energy Conservation Standards for Ceiling Fans, February 08, 2017

Fri, 17 Feb 2017 12:00:00 -0500

GAO reviewed the Department of Energy's (DOE) new rule on the Energy Conservation Program: energy conservation standards for ceiling fans. GAO found that (1) the final rule amends the energy conservation standards for ceiling fans; and (2) DOE complied with applicable requirements in promulgating the rule.



GAO-17-389R, Department of Energy: Energy Conservation Program: Energy Conservation Standards for Dedicated-Purpose Pool Pumps, February 08, 2017

Fri, 17 Feb 2017 12:00:00 -0500

GAO reviewed the Department of Energy's (DOE) new rule on the Energy Conservation Program's energy conservation standards for dedicated-purpose pool pumps. GAO found that (1) the final rule adopts new energy conservation standards for dedicated-purpose pool pumps; and (2) DOE complied with the applicable requirements in promulgating the rule.



GAO-17-392R, Department of Health and Human Services and Agencies: Federal Policy for the Protection of Human Subjects, February 07, 2017

Fri, 17 Feb 2017 12:00:00 -0500

GAO reviewed the Department of Health and Human Services and agencies new rule on federal policy for the protection of human subjects. GAO found that (1) the final rule announces revisions to modernize, strengthen, and make more effective the federal policy for the protection of human subjects that was originally promulgated as a common rule in 1991; and (2) the agencies complied with the applicable requirements in promulgating the rule.



GAO-17-403R, Federal Reserve System: Total Loss-Absorbing Capacity, Long-Term Debt, and Clean Holding Company Requirements for Systematically Important U.S. Bank Holding Companies and Intermediate Holding Companies of Systemically Important Foreign Banking Organizations, February 07, 2017

Fri, 17 Feb 2017 12:00:00 -0500

GAO reviewed the Federal Reserve System's (Board) new rule on total loss-absorbing capacity, long-term debt, and clean holding company requirements for systematically important U.S. bank holding companies (covered BHC) and intermediate holding companies of systemically important foreign banking organizations. GAO found that (1) the final rule (a) requires a U.S. top-tier bank holding company identified under the Board's rules as a global systemically important covered BHC to maintain outstanding a minimum amount of loss-absorbing instruments, including a minimum amount of unsecured long-term debt; (b) prescribes certain additional buffers, the breach of which would result in limitations on the capital distributions and discretionary bonus payments of a covered BHC; (c) applies similar requirements to the top-tier U.S. intermediate holding company of a global systemically important foreign banking organization with $50 billion or more in U.S. non-branch assets (covered IHC); and (d) imposes restrictions on other liabilities that a covered BHC or covered IHC may have outstanding in order to improve their resolvability and resiliency; and (2) the Board complied with applicable requirements in promulgating the rule.



GAO-17-380R, Department of Housing and Urban Development: Federal Housing Administration: Strengthening the Home Equity Conversion Mortgage Program, February 03, 2017

Thu, 16 Feb 2017 12:00:00 -0500

GAO reviewed the Department of Housing and Urban Development's (HUD) new rule on the Federal Housing Administration: strengthening the Home Equity Conversion Mortgage Program. GAO found that (1) the final rule (a) codifies several significant changes to the Federal Housing Administration's (FHA) Home Equity Conversion Mortgage program that were previously issued under the authority granted to HUD in the Housing and Economic Recovery Act of 2008 and the Reverse Mortgage Stabilization Act of 2013, and makes additional regulatory changes, and (b) strengthens FHA's Home Equity Conversion Mortgage program and codifies changes that reduce risk to the Mutual Mortgage Insurance Fund and increase the sustainability of that program; and (2) HUD complied with applicable requirements in promulgating the rule.



GAO-17-387R, Architectural and Transportation Barriers Compliance Board: Information and Communication Technology (ICT) Standards and Guidelines, February 01, 2017

Thu, 16 Feb 2017 12:00:00 -0500

GAO reviewed the Architectural and Transportation Barriers Compliance Board's (Access Board) new rule on information and communication technology (ICT) standards and guidelines. GAO found that (1) the final rule revises and updates, in a single rule, the standards for electronic and information technology developed, procured, maintained, or used by federal agencies covered by section 508 of the Rehabilitation Act of 1973, as well as the guidelines for telecommunications equipment and customer premises equipment covered by section 255 of the Communications Act of 1934; and (2) the Access Board complied with applicable requirements in promulgating the rule.



GAO-17-378R, Department of Health and Human Services, Centers for Medicare & Medicaid Services: Medicaid Program; The Use of New or Increased Pass-Through Payments in Medicaid Managed Care Delivery Systems, February 01, 2017

Thu, 16 Feb 2017 12:00:00 -0500

GAO reviewed the Department of Health and Human Services, Centers for Medicare & Medicaid Services' (CMS) new rule on the Medicaid Program and the use of new or increased pass-through payments in Medicaid managed care delivery systems. GAO found that (1) the final rule (a) finalizes changes to the pass-through payment transition periods and the maximum amount of pass-through payments permitted annually during the transition periods under the Medicaid managed care contract(s) and rate certification(s), and (b) prevents increases in pass-through payments and the addition of new pass-through payments beyond those in place when the pass-through payment transition periods were established, in the final Medicaid managed care regulations effective July 5, 2016; and (2) CMS complied with applicable requirements in promulgating the rule.



GAO-17-376R, Department of Health and Human Services, Centers for Medicare & Medicaid Services: Medicare and Medicaid Program: Conditions of Participation for Home Health Agencies, February 01, 2017

Thu, 16 Feb 2017 12:00:00 -0500

GAO reviewed the Department of Health and Human Services, Centers for Medicare & Medicaid Services' (CMS) new rule on conditions of participation for home health agencies. GAO found that (1) the final rule revises the conditions of participation that home health agencies must meet in order to participate in the Medicare and Medicaid programs; and (2) CMS complied with applicable requirements in promulgating the rule.



B-412624.3, Best Value Technology, Inc.--Costs, February 06, 2017

Tue, 14 Feb 2017 12:00:00 -0500

Best Value Technology, Inc. (BVTI), of Haymarket, Virginia, requests that we recommend that it be reimbursed the reasonable costs of filing and pursuing its protest of the award of a contract to Sierra7, Inc., of Reston, Virginia, under request for proposals (RFP) No. VA119-15-R-0217, issued by the Department of Veterans Affairs (VA) for auditing support services. We dismissed the protest after the agency advised our Office that it would take corrective action by cancelling the awarded contract. BVTI argues that its protest was clearly meritorious and that the agency unduly delayed taking corrective action. We grant the request.



B-414105, Team Housing Solutions, February 10, 2017

Mon, 13 Feb 2017 12:00:00 -0500

Team Housing Solutions, a woman-owned small business of New Braunfels, TX, protests the General Services Administration's (GSA) decision not to consider its quotation pursuant to request for quotations (RFQ) No. 04160045, issued by GSA for long-term lodging services. Team Housing disputes GSA's determination that Team Housing's quotation was late because its quotation was not submitted to the online portal identified in the solicitation. We deny the protest.



B-413375.3, Remote Diagnostic Technologies, LLC--Costs, February 06, 2017

Mon, 13 Feb 2017 12:00:00 -0500

Remote Diagnostic Technologies, LLC (RDT) of Basingstoke, England, requests that our Office recommend that it be reimbursed the reasonable costs of filing and pursuing its protest of the award of a contract to Zoll Medical Corporation, of Chelmsford, Massachusetts, under request for proposals (RFP) No. SPE2D1-15-R-0005, which was issued by the Defense Logistics Agency (DLA) for deployable vital signs patient monitors and related supplies and accessories. We deny the request.



B-414056,B-414056.2,B-414056., Sotera Defense Solutions, Inc., January 31, 2017

Mon, 13 Feb 2017 12:00:00 -0500

Sotera Defense Solutions, Inc., of Herndon, Virginia, protests the issuance of a task order to ManTech Advanced Systems International, of Fairfax, Virginia, under request for task order proposals (RFTOP) No. SSESNG-16-R-2055, issued by the Department of the Army, Army Contracting Command, Aberdeen Proving Ground, for software and engineering support. Sotera asserts that the Army did not properly evaluate cost or technical proposals, and improperly converted the basis of award from a best-value tradeoff, as provided for in the solicitation, to a lowest-cost technically acceptable basis. We deny the protest.



B-414055, Noblis, Inc., February 01, 2017

Fri, 10 Feb 2017 12:00:00 -0500

Noblis, Inc., of Falls Church, Virginia, protests the award of a contract to Vencore, Inc., of Chantilly, Virginia, by the General Services Administration (GSA), Federal Acquisition Service, on behalf of the National Oceanic and Atmospheric Administration (NOAA), pursuant to request for proposals (RFP) No. ID01150067 for systems engineering and technical support services supporting the National Environmental Satellite, Data, and Information Service (NESDIS). The protester challenges multiple aspects of the agency's evaluation and source selection decision. We deny the protest.



B-413981, Raytheon Company, January 17, 2017

Fri, 10 Feb 2017 12:00:00 -0500

Raytheon Company, of Sterling, Virginia, protests the Defense Threat Reduction Agency's (DTRA or agency) award of a task order to Leidos, Inc., of Reston, Virginia, pursuant to request for proposals (RFP) No. HDTRA1-14-WMD-0058 to provide engineering support and vulnerability assessments. Raytheon asserts that it is the incumbent contractor, and protests that the agency unreasonably evaluated Leidos's technical approach, failed to properly evaluate Leidos's proposed costs, and performed a flawed best-value tradeoff. We deny the protest.



B-413558.4, 4H Construction Corporation, February 08, 2017

Thu, 09 Feb 2017 12:00:00 -0500

4H Construction Corporation, of Cleveland, Mississippi, protests the actions of the Department of the Army, Corps of Engineers, in connection with solicitation No. W9127S-16-B-0001, issued to acquire dredging services. 4H argues that the agency unreasonably has determined to convert the acquisition from a sealed bid procurement to a negotiated procurement based on a finding that the prices received in response to the invitation for bids (IFB) were unreasonably high. We dismiss the protest.



B-414057, Raytheon Company, January 31, 2017

Thu, 09 Feb 2017 12:00:00 -0500

Raytheon Company, of Dulles, Virginia, protests the U.S. Marine Corps's rejection of Raytheon's proposal, submitted in response to request for proposals (RFP) No. M67004-16-R-0011, for the inspection and repair of certain Marine Corps vehicles. Raytheon asserts that the agency failed to conduct meaningful discussions with Raytheon. We deny the protest.



B-414057.2, VSE Corporation, January 30, 2017

Thu, 09 Feb 2017 12:00:00 -0500

VSE Corporation, of Alexandria, Virginia, protests the U.S. Marine Corps's rejection of VSE's proposal, submitted in response to request for proposals (RFP) No. M67004-16-R-0011, for the inspection and repair of certain Marine Corps vehicles. VSE protests that the agency improperly evaluated VSE's proposal as technically unacceptable. We deny the protest.



B-413085.2, Melling, LLC, dba MellingMedical, October 25, 2016

Thu, 09 Feb 2017 12:00:00 -0500

Melling, LLC, dba MellingMedical, a service-disabled veteran-owned small business of Alexandria, Virginia, protests the rejection of its proposal under request for proposals (RFP) No. VA791-15-R-0020, issued by the Department of Veterans Affairs (VA), for a home telehealth (HT) system. Melling challenges the agency's evaluation of its proposal. We deny the protest.



B-327830, Commodity Futures Trading Commission--Consistency of Real Property Leases with the Miscellaneous Receipts Statute, February 08, 2017

Wed, 08 Feb 2017 12:00:00 -0500

The Commodity Futures Trading Commission (CFTC) violated the miscellaneous receipts statute in some real property leases when it arranged for its landlords to pay CFTC's legal liabilities to third-party contractors. The miscellaneous receipts statute provides that officials or agents of the government "receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim." Funds constitute "money for the Government" if they are used to bear the expenses of the government or to pay its obligations. However, CFTC did not violate the miscellaneous receipts statute in other leases when it made contractual arrangements through which CFTC and its landlords each paid their own liabilities to third-party contractors. CFTC should examine its accounts and adjust them as needed to ensure that (1) obligations resulting from all leases and contracts it executed were properly recorded against available budget authority, as required by 31 U.S.C. 1501(a)(1); (2) such obligations were properly liquidated from available appropriations; and (3) amounts it received as reimbursements and amounts its landlords paid to satisfy CFTC's obligations are deposited in the Treasury as miscellaneous receipts. If CFTC's adjustments result in an over-obligation in any of CFTC's appropriation accounts, it should report a violation of the Antideficiency Act as required by 31 U.S.C. 1351.