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Last Build Date: Fri, 20 Jan 2017 17:31:43 -0500

 



B-413940,B-413940.2, Crown Point Systems, January 11, 2017

Thu, 19 Jan 2017 12:00:00 -0500

Crown Point Systems (CPS) of San Diego, CA, protests the award of an indefinite-delivery, indefinite-quantity (IDIQ) contract to CounterTrade Products, Inc. (CTPI), of Arvada, CO, under solicitation No. N66001-R-0001, issued by the Department of the Navy's Space and Naval Warfare Systems Center Command, for electronics and information technology items. The protester challenges the award on the basis that the agency's unbalanced pricing analysis and evaluation of one of the technical evaluation factors were unreasonable, and that the awardee made material misrepresentations in its proposal. We deny the protest.



GAO-17-336R, Department of Health and Human Services: Patient Protection and Affordable Care Act; HHS Notice of Benefit and Payment Parameters for 2018; Amendments to Special Enrollment Periods and the Consumer Operated and Oriented Plan Program, January 05, 2017

Wed, 18 Jan 2017 12:00:00 -0500

GAO reviewed the Department of Health and Human Services' (HHS) new rule on the Patient Protection and Affordable Care Act, HHS notice of benefit and payment parameters for 2018, and amendments to special enrollment periods and the Consumer Operated and Oriented Plan Program. GAO found that (1) the final rule (a) sets forth payment parameters and provisions related to the risk adjustment program; cost-sharing parameters and costing-sharing reductions; and user fees for Federally-facilitated Exchanges and State-based Exchanges on the Federal Platform; and (b) provides additional guidance relating to standardized options; qualified health plans; consumer assistance tools; network adequacy; the Small Business Health Options Programs; stand-alone dental plans; fair health insurance premiums; guaranteed availability and guaranteed renewability; the medical loss ratio program; eligibility and enrollment; appeals; consumer-operated and oriented plans; special enrollment periods; and other related topics; and (2) with the exception of the 60-day delay in effective date requirement, HHS complied with the applicable requirements in promulgating the rule.



B-413887,B-413887.2, Information Experts, Inc., December 30, 2016

Wed, 18 Jan 2017 12:00:00 -0500

Information Experts, Inc. (IE), of Ashburn, Virginia, a small business, protests the issuance of a Federal Supply Schedule (FSS) order to ICF International L.L.C., of Fairfax, Virginia, under request for quotations (RFQ) No. CFP-16-Q-00041, issued by the Consumer Financial Protection Bureau (CFPB) for services to support its tax time saving initiative. IE argues that both vendors' quotations were misevaluated, and that the CFPB made an unreasonable source selection decision. We deny the protest.



GAO-17-330R, Commodity Futures Trading Commission: Aggregation of Positions, December 28, 2016

Wed, 18 Jan 2017 12:00:00 -0500

GAO reviewed the Commodity Futures Trading Commissions's (Commission) new rule on the aggregation of positions. GAO found that (1) the final rule amends part 150 of the Commission's regulations with respect to the policy for aggregation under the Commission's position limits regime for futures and option contracts on nine agricultural commodities; and (2) the Commission complied with the applicable requirements in promulgating the rule.



GAO-17-328R, Federal Deposit Insurance Corporation: Recordkeeping for Timely Deposit Insurance Determination, December 28, 2016

Wed, 18 Jan 2017 12:00:00 -0500

GAO reviewed the Federal Deposit Insurance Corporation's (FDIC) new rule on recordkeeping for timely deposit insurance determination. GAO found that (1) the final rule requires each insured depository institution that has two million or more deposit accounts to configure its information technology system to be capable of calculating the insured and uninsured amount in each deposit account by ownership right and capacity, which would be used by FDIC to make deposit insurance determinations in the event of the institution's failure, and to maintain complete and accurate information needed by FDIC to determine deposit insurance coverage with respect to each deposit account, except as otherwise provided and; (2) FDIC complied with the applicable requirements in promulgating the rule.



B-413316.2,B-413316.3, PricewaterhouseCoopers Public Sector, LLP, December 27, 2016

Wed, 18 Jan 2017 12:00:00 -0500

PricewaterhouseCoopers Public Sector LLP (PwC), of Arlington, Virginia, protests the issuance of a task order to Deloitte Consulting LLC, of Arlington, Virginia, under Deloitte's General Services Administration (GSA) Federal Supply Schedule (FSS) contract, pursuant to request for quotations (RFQ) No. SAQMMA-16-Q-0037 issued by the Department of State (DOS) for business requirements analysis, validation, and enhancement (BRAVE) support services. PwC argues that the agency's evaluation of vendors' quotations was flawed.We dismiss in part and deny in part the protest.



B-414023, ACME Industrial, Inc., January 13, 2017

Tue, 17 Jan 2017 12:00:00 -0500

ACME Industrial, Inc., of Staten Island, New York, protests the award of a contract to Federated Maritime, LLC, of Fort Lauderdale, Florida, under request for proposals (RFP) No. DTMA91R1600045, issued by the Department of Transportation, Maritime Administration, for an Oily Water Separator System. ACME argues that the agency improperly evaluated the awardee's proposal and failed to make a reasonable price-technical tradeoff decision. We deny the protest.



B-413924, Walker Development & Trading Group, Inc., January 12, 2017

Fri, 13 Jan 2017 12:00:00 -0500

Walker Development & Trading Group, Inc., of Reno, Nevada, protests the cancellation of request for quotations (RFQ) No. VA262-16-Q-0766 by the Department of Veterans Affairs (VA) for laundry services, and the extension of the period of performance of an existing contract previously awarded to Railroad Cleaners of Pittsburg, California, for the same services. We sustain the protest.



B-413931, Walker Development & Trading Group, Inc., January 12, 2017

Fri, 13 Jan 2017 12:00:00 -0500

Walker Development & Trading Group, Inc., of Reno, Nevada, a small business, protests the award of a contract to Railroad Cleaners, of Pittsburg, California, by the Department of Veterans Affairs (VA) under request for quotations (RFQ) No. VA262-16-Q-0769 for hospital linen and uniform laundry services for VA hospitals in the San Diego, California area. Walker argues that the quotations were misevaluated and that its quotation was improperly rejected as unacceptable. We deny the protest.



GAO-17-326R, Department of Health and Human Services, Centers for Medicare & Medicaid Services: Medicare Program; Conditions for Coverage for End-Stage Renal Disease Facilities--Third Party Payment, December 28, 2016

Fri, 13 Jan 2017 12:00:00 -0500

GAO reviewed the Department of Health and Human Services, Centers for Medicare & Medicaid Services' (CMS) new rule on the Medicare Program, conditions for coverage for end-stage renal disease facilities and third party payment. GAO found that (1) the interim final rule (a) implements new requirements for Medicare-certified dialysis facilities that make payments of premiums for individual market health plans, and (b) applies to dialysis facilities that make such payments directly, through a parent organization, or through a third party; and (2) CMS complied with applicable requirements in promulgating the rule.



GAO-17-335R, Department of Veterans Affairs: Tiered Pharmacy Copayments for Medications, December 28, 2016

Fri, 13 Jan 2017 12:00:00 -0500

GAO reviewed the Department of Veterans Affairs's (VA) new rule on tiered pharmacy copayments for medications. GAO found that (1) the final rule (a) amends regulations concerning copayments charged to certain veterans for medication required on an outpatient basis to treat nonservice-connected conditions; and (b) establishes three classes of medications for copayment purposes, identified as Tier 1, Tier 2, and Tier 3; and (2) VA complied with applicable requirements in promulgating the rule.



GAO-17-327R, Department of Health and Human Services: World Trade Center Health Program; Amendments to Definitions, Appeals, and Other Requirements, December 27, 2016

Fri, 13 Jan 2017 12:00:00 -0500

GAO reviewed the Department of Health and Human Services' (HHS) new rule on the World Trade Center Health Program; amendments to definitions, appeals, and other requirements. GAO fount that (1) the final rule (a) finalizes amendments to a number of existing sections in part 88, including provisions for appeals of certification, decertification, or treatment authorization decisions, and the addition of health conditions to the List of World Trade Center-Related Health Conditions; and (b) adds new language on disenrollment, decertification, appeals of reimbursement denials, and coordination of benefits and recoupment to part 88; and HHS complied with applicable requirements in promulgating the rule.



GAO-17-315R, Department of Transportation, Federal Motor Carrier Safety Administration: Commercial Driver's License Drug and Alcohol Clearinghouse, December 27, 2016

Fri, 13 Jan 2017 12:00:00 -0500

GAO reviewed the Department of Transportation, Federal Motor Carrier Safety Administration's (FMCSA) new rule on the Commercial Driver's License Drug and Alcohol Clearinghouse. GAO found that (1) the final rule establishes requirements for the Commercial Driver's License Drug and Alcohol Clearinghouse, a database under FMCSA's administration that will contain information about violations of FMCSA's drug and alcohol testing program for the holders of commercial driver's licenses; and (2) FMCSA complied with the applicable requirements in promulgating the rule.



GAO-17-319R, Department of Transportation, Federal Motor Carrier Safety Administration: Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators, December 27, 2016

Fri, 13 Jan 2017 12:00:00 -0500

GAO reviewed the Department of Transportation, Federal Motor Carrier Safety Administration's (FMCSA) new rule on minimum training requirements for entry-level commercial motor vehicle operators. GAO found that (1) the final rule (a) establishes new minimum training standards for certain individuals applying for their commercial driver's license (CDL) for the first time; an upgrade of their CDL; or a hazardous materials, passenger, or school bus endorsement for the first time, (b) establishes a minimum standard for entry-level driver training (ELDT), and (c) increases the number of drivers who receive ELDT; and (2) with the exception of the 60-day delay in the effective date requirement, FMCSA complied with the applicable requirements in promulgating the rule.



GAO-17-311R, Environmental Protection Agency: Renewable Fuel Standard Program: Standards for 2017 and Biomass-Based Diesel Volume for 2018, December 22, 2016

Fri, 13 Jan 2017 12:00:00 -0500

GAO reviewed the Environmental Protection Agency's (EPA) new rule on the Renewable Fuel Standard Program standards for 2017 and biomass-based diesel volume for 2018. GAO found that (1) the final rule (a) establishes the annual percentage standards for cellulosic biofuel, biomass based-diesel, advanced biofuel, and total renewable fuel that apply to all motor vehicle gasoline and diesel produced or imported in the year 2017, (b) establishes the four percentage standards applicable to obligated parties, namely producers and importers of gasoline and diesel, based on the corresponding volume requirements, and (c) establishes the applicable volume of biomass-based diesel for 2018; and (2) EPA complied with applicable requirements in promulgating the rule.



GAO-17-310R, Environmental Protection Agency: Formaldehyde Emission Standards for Composite Wood Products, December 19, 2016

Fri, 13 Jan 2017 12:00:00 -0500

GAO reviewed the Environmental Protection Agency's (EPA) new rule on formaldehyde emission standards for composite wood products. GAO found that (1) the final rule (a) implements the Formaldehyde Standards for Composite Wood Products Act, which added title VI to the Toxic Substances Control Act; (b) includes formaldehyde emission standards applicable to hardwood plywood, medium-density fiberboard, and particleboard, and finished goods containing these products, that are sold, supplied, offered for sale, or manufactured (including imported) in the United States; (c) includes provisions relating to, among other things, laminated products, products made with no-added formaldehyde resins or ultra low-emitting formaldehyde resins, testing requirements, product labeling, chain of custody documentation and other recordkeeping requirements, enforcement, import certification, and product inventory sell-through provisions, including a product stockpiling prohibition; and (d) establishes a third-party certification program for hardwood plywood, medium-density fiberboard, and particleboard and includes procedures for the accreditation of third-party certifiers and general requirements for accreditation bodies and third-party certifiers; and (2) EPA complied with applicable requirements in promulgating the rule.



B-414017,B-414017.2, Cognitive Medical Systems, Inc., January 06, 2017

Thu, 12 Jan 2017 12:00:00 -0500

Cognitive Medical Systems, Inc. (CMS), a service-disabled veteran-owned small business located in San Diego, California, challenges the award of a contract to Book Zurman, Inc., a service-disabled veteran-owned small business located in Seminole, Florida, under request for proposals (RFP) No. VA701-16-R-0142, issued by the Department of Veterans Affairs (VA) for informatics support services. The protester challenges the agency's technical evaluation of CMS's proposal and the VA's best-value determination. We deny the protest.



B-412940.26,B-412940.27,B-412940.28,B-412940.29,B-412940.30,B-412940.31, Veterans Evaluation Services, Inc.; QTC Medical Services, Inc.; VetFed Resources, Inc., January 05, 2017

Thu, 12 Jan 2017 12:00:00 -0500

Veterans Evaluation Services, Inc. (VES), of Houston, Texas, protests the award of contracts to VetFed Resources, Inc., of Alexandria, Virginia; QTC Medical Services, Inc., of Diamond Bar, California; Logistics Health, Inc. (LHI), of La Crosse, Wisconsin; and Medical Support Los Angeles, a Medical Corporation (MSLA), of Pasadena, California. QTC protests the award of contracts to VetFed, LHI and MSLA. VetFed protests the award of contracts to LHI and MSLA. All of the protests challenge the award of contracts by the Department of Veterans Affairs (VA) under request for proposals (RFP) No. VA119A-15-R-0150, issued to acquire medical disability examination (MDE) services in various locations across the country. The protesters argue that the agency misevaluated proposals, engaged in misleading discussions and made unreasonable source selection decisions. We dismiss the protests in part and deny them in part.



B-410719.8,B-410719.9, Lockheed Martin Corporation; Northrop Grumman Systems Corporation--Costs, December 12, 2016

Thu, 12 Jan 2017 12:00:00 -0500

Lockheed Martin Corporation (Lockheed), of Bethesda, Maryland, and Northrop Grumman Systems Corporation (Northrop), of Linthicum Heights, Maryland, request that our Office recommend that they be reimbursed the reasonable costs of filing and pursuing their protests challenging the award of a contract to Raytheon Company (Raytheon), of Tewksbury, Massachusetts, under request for proposals (RFP) No. FA8730-13-R-0001, issued by the Department of the Air Force as part of the Three-Dimensional Expeditionary Long-Range Radar (3DELRR) acquisition. We dismissed the protests after the Air Force advised our Office that it intended to take corrective action that would render both protests academic. Lockheed and Northrop argue that their protests were clearly meritorious and that the agency's corrective action was unduly delayed. We grant in part the requests that we recommend reimbursement of costs and deny the requests in part.



B-413559.3,B-413559.4,B-413559.6,B-413559.7, Sevatec, Inc.; InfoReliance Corporation; Enterprise Information Services, Inc.; Buchanan & Edwards, Inc., January 11, 2017

Wed, 11 Jan 2017 12:00:00 -0500

Sevatec, Inc., of Fairfax, Virginia; InfoReliance Corporation, of Fairfax, Virginia; Enterprise Information Services, Inc. (EIS), of Vienna, Virginia; and Buchanan & Edwards, Inc. (B&E), of Arlington, Virginia, protest the terms of request for proposals (RFP) No. QTA0016JCA0003, issued by the General Services Administration (GSA), for the award of up to 60 contracts supporting the agency's Alliant 2 program. The protesters argue that the RFP's evaluation scheme is improper, that the agency is unreasonably assigning certain points to small businesses, and that limiting the number of awardees to 60 will not result in competition at the task order level. We deny the protests.



B-412581.3,B-412581.4,B-412581.5, Vectrus Systems Corporation, December 21, 2016

Wed, 11 Jan 2017 12:00:00 -0500

Vectrus Systems Corporation, of Colorado Springs, Colorado, protests the issuance of a task order to URS Federal Services, Inc., under request for proposals (RFP) No. W52P1J-15-R-0005, by the Department of the Army, Army Material Command, Rock Island, for logistics support services in Kuwait and Qatar under the Enhanced Army Global Logistics Enterprise (EAGLE) Program. The protester challenges the agency's evaluation of its proposal and the proposals of three other offerors under the RFP's "strict compliance review" and the technical, past performance, and cost/price evaluation factors. We deny the protest.



GAO-17-295R, Department of Housing and Urban Development: Instituting Smoke-Free Public Housing, December 15, 2016

Wed, 11 Jan 2017 12:00:00 -0500

GAO reviewed the Department of Housing and Urban Development's (HUD) new rule on instituting smoke-free public housing. GAO found that (1) the final rule requires each public housing agency administering public housing to implement a smoke-free policy; and (2) HUD complied with the applicable requirements in promulgating the rule.



GAO-17-288R, Bureau of Consumer Financial Protection: Prepaid Accounts Under the Electronic Fund Transfer Act (Regulation E) and the Truth in Lending Act (Regulation Z), December 13, 2016

Wed, 11 Jan 2017 12:00:00 -0500

GAO reviewed the Bureau of Consumer Financial Protection's (Bureau) new rule on prepaid accounts under the Electronic Fund Transfer Act (Regulation E) and the Truth in Lending Act (Regulation Z). GAO found that (1) the final rule (a) creates comprehensive consumer protections for prepaid accounts under Regulation E, which implements the Electronic Fund Transfer Act; Regulation Z, which implements the Truth in Lending Act; and the official interpretations to those regulations; (b) modifies general Regulation E requirements to create tailored provisions governing disclosures, limited liability and error resolution, and periodic statements, and adds new requirements regarding the posting of account agreements; (c) regulates overdraft credit features that may be offered in conjunction with prepaid accounts; and (2) the Bureau complied with the applicable requirements in promulgating the rule.



GAO-17-286R, Department of Education: Elementary and Secondary Education Act of 1965, as Amended by the Every Student Succeeds Act--Accountability and State Plans, December 12, 2016

Wed, 11 Jan 2017 12:00:00 -0500

GAO reviewed the Department of Education's (Education) 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 (1) the final rule implements changes to the Elementary and Secondary Education Act of 1965 (ESEA) by the Every Student Succeeds Act (ESSA) enacted on December 10, 2015 and updates the current ESEA general regulations to include requirements for the submission of state plans under ESEA programs, including optional consolidated state plans; and (2) Education complied with applicable requirements in promulgating the rule.



GAO-17-287R, Department of Health and Human Services, Centers for Medicare & Medicaid Services: Medicaid and Children's Health Insurance Programs: Eligibility Notices, Fair Hearing and Appeal Processes for Medicaid and Other Provisions Related to Eligibility and Enrollment for Medicaid and CHIP, December 12, 2016

Wed, 11 Jan 2017 12:00:00 -0500

GAO reviewed the Department of Health and Human Services, Centers for Medicare & Medicaid Services' (CMS) new rule on Medicaid and Children's health programs: eligibility notices, fair hearing and appeal processes for Medicaid and other provisions related to eligibility and enrollment for Medicaid and the Children's Health Insurance Program (CHIP). GAO found that (1) the final rule (a) codifies in regulation certain statutory eligibility provisions; (b) changes regulatory requirements to provide states more flexibility to coordinate Medicaid and CHIP eligibility notices, appeals, and other related administrative procedures with similar procedures used by other health coverage programs; (c) modernizes and streamlines existing rules, eliminates obsolete rules, (d) updates provisions to reflect the various Medicaid eligibility pathways; and (e) codifies certain CHIP eligibility-related provisions, including eligibility for newborns whose mothers were eligible for and receiving Medicaid or CHIP coverage at the time of birth; and (2) CMS complied with the applicable requirements in promulgating the rule.