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GAO Legal Products



Reports News from the GAO



Last Build Date: Sat, 19 Aug 2017 20:53:43 -0400

 



B-414238.7,B-414238.9, Henry's Aerial Service, Inc.; Evergreen Flying Services, Inc., August 10, 2017

Fri, 18 Aug 2017 13:00:00 -0400

Henry's Aerial Service, Inc., a small business of Greenbrier, Arkansas, and Evergreen Flying Services, Inc., a small business of Rayville, Louisiana, protest the cancellation of solicitation No. D16PS00182, which was issued by the Department of the Interior (DOI), Interior Business Center, for single engine air tanker (SEAT) flight services for the Bureau of Land Management (BLM) to support fire suppression operations in the contiguous 48 states. The decision to cancel the solicitation followed Evergreen's protests of the award of six contracts under the solicitation. The protesters contend that the agency had no reasonable basis to cancel the solicitation, and that the cancellation was a pretext to avoid resolving protests. We deny the protests.



B-414629,B-414629.2, Procentrix, Inc., August 04, 2017

Fri, 18 Aug 2017 13:00:00 -0400

Procentrix, Inc., of Herndon, Virginia, protests the issuance of a call to Primescape Solutions Inc., of Herndon, Virginia, under an unnumbered request for quotations (RFQ) issued by the Department of the Treasury, Office of the Comptroller of the Currency (OCC) for operations and maintenance support for the Committee on Bank Supervision (CBS) Core Examination Systems. The protester challenges the agency's evaluation of its quotation under the technical approach and key personnel evaluation factors. The protester also challenges the agency's best-value tradeoff analysis. We deny the protest.



B-414748.4, Total Control Training, Inc.--Reconsideration, August 17, 2017

Thu, 17 Aug 2017 13:00:00 -0400

Total Control Training, Inc., a small business, of Victorville, California, requests reconsideration of our decision, Total Control Training, Inc., B-414748.2, July 11, 2017 (unpublished decision), dismissing its protest challenging the award of a contract to Information Sciences Consulting, Inc., a small business, of Manassas, Virginia, under request for proposals (RFP) No. M95494-17-R-0002, which was issued by the Department of the Navy, United States Marine Corps, for traffic safety training.We deny the request for reconsideration because it fails to establish any material factual or legal errors with respect to the underlying decision dismissing the requester's protest.



B-414678, U.S. Electrodynamics, Inc., August 01, 2017

Thu, 17 Aug 2017 13:00:00 -0400

U.S. Electrodynamics, Inc. (USEI), a service-disabled veteran-owned small business of Brewster, Washington, protests the decision not to award USEI a contract under request for proposals (RFP) No. QTA0015SDA4003, issued by the General Services Administration (GSA) for complex commercial satellite communication service solutions. The protester contends that the agency improperly evaluated its price proposal using unstated evaluation criteria and performed a disparate and unequal evaluation. The protester further contends that the source selection authority (SSA) failed to exercise independent judgment and perform a comparative assessment during source selection, in violation of Federal Acquisition Regulation (FAR) § 15.308. We deny the protest.



B-414566, Coulson Aviation (USA), Inc., July 12, 2017

Thu, 17 Aug 2017 13:00:00 -0400

Coulson Aviation (USA), Inc., of Portland, Oregon, protests the terms of request for proposals (RFP) No. FA8504-17-R-0008, issued by the Department of the Air Force for the design, manufacture, and installation of a 3,500 gallon retardant delivery system (RDS) on seven HC-130H aircraft. The protester argues that the RFP contains terms that are unduly restrictive of competition, and contends that the procurement should be conducted under Federal Acquisition Regulation (FAR) part 12 procedures for the purchase of commercial items. We deny the protest.



B-414694, Castro & Company, LLC, August 15, 2017

Wed, 16 Aug 2017 13:00:00 -0400

Castro & Company, LLC, of Alexandria, Virginia, protests the issuance of a task order to Acuity Consulting Inc., of Alexandria, Virginia, by the Department of Interior (DOI) under request for quotations (RFQ) No. D17PS00029. The procurement was conducted by DOI on behalf of the Office of the Inspector General (OIG) to obtain financial statement audit services for the Nuclear Regulatory Commission (NRC), and the Defense Nuclear Facilities Safety Board (DNFSB). Castro challenges the agency's evaluation of quotations and the best-value award decision. We deny the protest.



B-414596,B-414596.2,B-414596.3, YWCA of Greater Los Angeles, July 24, 2017

Wed, 16 Aug 2017 13:00:00 -0400

YWCA of Greater Los Angeles, of Los Angeles, California, challenges the award of a contract to Management and Training Corporation (MTC), of Centerville, Utah, under request for proposals (RFP) No. DOL-ETA-16-R-00007, issued by the Department of Labor (DOL) for the operation of a Job Corps center in Los Angeles. YWCA contends that the agency engaged in unequal discussions, and challenges the evaluation of proposals. We sustain the protest.



B-413389.3,B-413389.4, Jacobs Technology, Inc., July 20, 2017

Wed, 16 Aug 2017 13:00:00 -0400

Jacobs Technology, Inc. (JTI), of Tullahoma, Tennessee, protests the award of a contract to AS and D, LLC (AS&D), of Beltsville, Maryland, under request for proposals (RFP) No. FA9300-15-R-0001, issued by the Department of the Air Force for aerospace systems technical research and operations services (ASTROS), at Edwards Air Force Base, California. JTI argues that the agency's evaluation of proposals and the resulting contract award decision were improper. We deny the protest.



B-410189.7, Lockheed Martin Integrated Systems, Inc.--Reconsideration, August 10, 2017

Tue, 15 Aug 2017 13:00:00 -0400

Lockheed Martin Integrated Systems, Inc. (LMIS), of Bethesda, Maryland, requests that we reconsider our decision in Lockheed Martin Integrated Sys., Inc., B-410189.5, B-410189.6, Sept. 27, 2016, 2016 CPD ¶ 273, in which we denied LMIS' protest challenging the Department of the Army, U.S. Army Corps of Engineers' (Corps), decision to exclude from award consideration the firm's proposal under solicitation No. W912DY-13-R-0004, which was issued for management and technical support services. LMIS argues that our decision contained errors of law that warrant reconsideration. We deny the request for reconsideration.



B-414601,B-414601.2, SCST Engineering, July 25, 2017

Tue, 15 Aug 2017 13:00:00 -0400

SCST Engineering of Chicago, Illinois, protests the nonselection of its qualification statement for negotiation of an architect-engineering (A&E) services contract, pursuant to solicitation No. SOL-HQ-14-00022, issued by the Environmental Protection Agency (EPA), for design and engineering services. The protester argues that the agency's evaluation of its qualification statement was unreasonable. We deny the protest.



B-414643.2, Bluehorse Corporation, August 11, 2017

Mon, 14 Aug 2017 13:00:00 -0400

Bluehorse Corporation, of Reno, Nevada, protests the decision by the Department of the Air Force to cancel its proposed sole-source procurement in response to an earlier protest filed by Bluehorse challenging the terms of presolicitation No. F3L3EA6238A002, for Taser X26P conducted electrical weapons (CEW) and related accessories. We dismiss the protest because the protester is not an interested party.



B-414670,B-414670.2, MicroTechnologies, LLC, August 01, 2017

Mon, 14 Aug 2017 13:00:00 -0400

MicroTechnologies, LLC, a service-disabled veteran-owned small business of Tysons Corner, VA, protests the elimination of its proposal from the competitive range under request for proposals (RFP) No. N00244-16-R-0018, issued by the Department of the Navy, Naval Supply Systems Command, for wireless telephone services and devices. MicroTechnologies argues that the agency's evaluation of its technical proposal as unacceptable was unreasonable. The protester further asserts that the technical evaluation amounted to a nonresponsibility determination that should have been referred to the Small Business Administration (SBA) under the SBA's certificate of competency (COC) procedures before excluding MicroTechnologies from the competition. We deny the protest.



B-414603,B-414603.2, Orbital Sciences Corporation, July 26, 2017

Mon, 14 Aug 2017 13:00:00 -0400

Orbital Sciences Corporation, of Greenbelt, Maryland, protests the award of a contract to Universities Space Research Association (USRA), of Columbia, Maryland, under request for proposals (RFP) No. NNA16579196R, which was issued by the National Aeronautics and Space Administration (NASA) for science and mission operations services in support of NASA's Stratospheric Observatory for Infrared Astronomy (SOFIA), the world's largest airborne astronomical observatory. Orbital alleges that NASA improperly waived or relaxed the solicitation's total compensation plan requirement for USRA's proposal, failed to evaluate the difference in proposed hours between Orbital and USRA, made an improper upward price adjustment to Orbital's travel costs, and failed to consider a NASA inspector general report as part of USRA's past performance evaluation. We deny the protest.



B-414653, Archimania, August 03, 2017

Fri, 11 Aug 2017 13:00:00 -0400

Archimania, a small business located in Memphis, Tennessee, protests the selection of Duvall Decker Architect, a small business located in Mound Bayou, Mississippi, for price negotiations in connection with solicitation No. GS-07-P-17-HH-C-0TBD, issued by the General Services Administration (GSA) for architect-engineer (A/E) services for the design of a new courthouse in Greenville, Mississippi. Archimania asserts that Duvall is not a small business, one of the evaluators had a personal conflict of interest, and the agency unreasonably evaluated its proposal. We deny the protest.



B-329236, Bureau of Consumer Financial Protection: Arbitration Agreements, August 02, 2017

Thu, 10 Aug 2017 13:00:00 -0400

GAO reviewed the Bureau of Consumer Financial Protection's (CFPB) new rule on arbitration agreements. GAO found that (1) the final rule (a)  prohibits covered providers of certain consumer financial products and services from using an agreement with a consumer that provides for arbitration of any future dispute between the parties to bar the consumer from filing or participating in a class action concerning the covered consumer financial product or service; and (b) requires covered providers that are involved in arbitration pursuant to a pre-dispute arbitration agreement to submit specified arbitral records to CFPB and also to submit specified court records; and (2) CFPB complied with the applicable requirements in promulgating the rule.



B-414649, Sygnetics, Inc., August 02, 2017

Thu, 10 Aug 2017 13:00:00 -0400

Sygnetics, Inc., of Auburn Hills, Michigan, protests the rejection of the offer it submitted in response to request for proposals (RFP) No. W15QKN-16-R-0003, issued by the Department of the Army, U.S. Army Materiel Command, for recruiting, management, and administrative support services. Sygnetics asserts that the agency unreasonably determined that Sygnetics failed to provide a required licensing agreement with its proposal. We deny the protest.



B-329246, Department of Education: Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act--Accountability and State Plans, August 01, 2017

Thu, 10 Aug 2017 13:00:00 -0400

GAO reviewed the Department of Education's (Department) new rule on the Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act-accountability and state plans. GAO found that, under the Congressional Review Act, Congress has passed, and the President has signed, a resolution of disapproval of the accountability and state plans final regulations that were published on November 29, 2016. Because the resolution of disapproval invalidates these regulations, the Department by this action is removing these regulations from the Code of Federal Regulations. This action is effective July 7, 2017.



B-329248, Nuclear Regulatory Commission: Revision of Fee Schedules; Fee Recovery for Fiscal Year 2017, August 01, 2017

Thu, 10 Aug 2017 13:00:00 -0400

GAO reviewed the Nuclear Regulatory Commission's (Commission) new rule on the revision of fee schedules and fee recovery for fiscal year 2017. GAO found that (1) the final rule amends the licensing, inspection, special project, and annual fees charged to the Commission's applicants and licensees; and (2) the Commission complied with the applicable requirements in promulgating the rule.



B-414566.2, Simplex Aerospace, August 08, 2017

Wed, 09 Aug 2017 13:00:00 -0400

Simplex Aerospace, of Portland, Oregon, protests the terms of request for proposals (RFP) No. FA8504-17-R-0008, issued by the Department of the Air Force for the design, manufacture, and installation of a 3,500 gallon retardant delivery system (RDS) on seven HC-130H aircraft. The protester argues that the RFP contains terms that favor a particular company and are unduly restrictive of competition. We deny the protest.



B-413321.4, Mark Dunning Industries, Inc., July 26, 2017

Wed, 09 Aug 2017 13:00:00 -0400

Mark Dunning Industries, Inc. (MDI), of Dothan, Alabama, protests the award of a contract to CoSTAR Services, Inc., of San Antonio, Texas, under request for proposals (RFP) No. N69450-15-R-2106, issued by Department of the Navy, Naval Facilities Engineering Command Southeast, for regional base operations support services. The protester challenges the evaluation of CoSTAR's past performance. We deny the protest.



B-414630,B-414630.2, JRS Staffing Services, July 28, 2017

Mon, 07 Aug 2017 13:00:00 -0400

JRS Staffing Services, a woman-owned small business (WOSB) located in Lawrenceville, Georgia, protests the decision of the Department of Justice, Bureau of Prisons (BOP) to negotiate a sole-source award with ProHill Services LLC, a WOSB and a Historically Underutilized Business Zone (HUBZone) small business concern, located in Virginia Beach, Virginia, for life connections program facilitator services at the Federal Medical Center Carswell, Ft. Worth, Texas. We deny the protest.



B-414515,B-414515.2, Paragon Systems, Inc., June 29, 2017

Mon, 07 Aug 2017 13:00:00 -0400

Paragon Systems, Inc., of Herndon, Virginia, protests the award of a contract to Triple Canopy, Inc., of Reston, Virginia, by the Department of Homeland Security (DHS), Federal Protective Service, under request for proposals (RFP) No. HSHQW9-16-R-00002, for armed protective security officer (PSO) services at federally owned, leased, or occupied facilities, primarily in Northern California. Paragon, the incumbent contractor, argues that DHS failed to apply the RFP requirements equally, misevaluated both firms' proposals, and made an unreasonable source selection decision. We deny the protest.



B-414519, SURVICE Engineering Company, LLC, July 05, 2017

Thu, 03 Aug 2017 13:00:00 -0400

The SURVICE Engineering Company, LLC (SEC), of Belcamp, Maryland, protests the award of a contract to Engineering Research and Consulting, Inc. (ERC), of Huntsville, Alabama, under request for proposals (RFP) No. FA2486-16-R-0065, for engineering, program management, and administrative services in support of the Air Force SEEK EAGLE Office (AFSEO), Eglin Air Force Base, Florida. Contracting Officer's Statement of Fact (COSF) at 2, 3; RFP. The protester alleges that the agency failed to evaluate offerors' proposed compensation plans in accordance with Federal Acquisition Regulation (FAR) provision 52.222-46 and the solicitation. SEC also contends that the agency applied the solicitation's evaluation factors unequally and applied unstated evaluation criteria. Finally SEC alleges that agency was required to credit SEC in the technical evaluation for outside past performance information that was not incorporated into SECs technical proposal. We sustain the protest in part and deny it in part.



B-413888.2,B-413888.3,B-413888.4,B-413888.5, HP Enterprise Services, LLC, June 21, 2017

Thu, 03 Aug 2017 13:00:00 -0400

HP Enterprise Services, LLC (HPES), of Herndon, Virginia, protests the award of a task order to Dell Services Federal Government, Inc. (Dell), of Herndon, Virginia, by the Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC) under request for task order proposals (RFTOP) No. 2016-CIMS-OCOO-ITSO-ITI-272, which was issued by the CDC to acquire information technology and support services. The protester contends that the agency failed to perform a required price realism evaluation and that the agency's price and technical evaluation of the awardee's proposal was flawed. HPES also contends that the best-value determination was unreasonable. We deny the protest.



B-414507.2, Timberline Helicopters, Inc.--Reconsideration, August 01, 2017

Wed, 02 Aug 2017 13:00:00 -0400

Timberline Helicopters, Inc., of Sandpoint, Idaho, requests reconsideration of our decision, Timberline Helicopters, Inc., B-414507, June 27, 2017, 2017 CPD ¶ __, denying its protest challenging the terms of request for proposals (RFP) No. D17PS00157, issued by the Department of the Interior, Bureau of Land Management (BLM), for an exclusive use heavy size helicopter to transport qualified non-crewmembers and/or cargo in support of the agency's natural resource missions. Timberline argued that the solicitation is defective because no helicopter can meet the solicitation requirements and comply with applicable Federal Aviation Administration (FAA) regulations regarding the transport of qualified non-crewmembers. We denied the protest because the FAA provided BLM with clarification of its regulations confirming that BLM's stated requirements were permissible under the applicable regulations. On reconsideration, the requester argues that the FAA has subsequently made representations calling into question the clarifications previously provided to BLM. The request for reconsideration is denied because the new information relied upon by the requester fails to demonstrate any material error of fact or law in our prior decision that would warrant our reconsideration.