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Last Build Date: Mon, 29 May 2017 05:50:58 -0400

 



B-414357, LCLC Inc/CfMRF, May 22, 2017

Fri, 26 May 2017 13:00:00 -0400

LCLC, Inc., d/b/a Center for Military Relationships and Families (LCLC), of Seattle, Washington, challenges the award of a contract to TechWerks, LLC, of Arlington Heights, Illinois, by the Department of the Navy, Naval Special Warfare (NSW) Command, under solicitation No. H92240-16-T-0084, for a resilience program. The protester challenges the evaluation of TechWerks's technical proposal and the selection decision. We deny the protest.



B-414546, Jay Hymas, May 23, 2017

Wed, 24 May 2017 13:00:00 -0400

Jay Hymas, of Richland, Washington, protests the department of the Interior, U.S. Fish and Wildlife Service's (FWS) use of cooperative farming agreements (CFA) in U.S. Fish and Wildlife refuges for 2017. Jay Hymas argues that the CFAs should be issued as procurement contracts because the agency is not following the proper procedures under the Federal Grant and Cooperative Agreement Act (FGCAA), 31 U.S.C. 6301-6308. The protester also alleges that the CFAs are "unlawful" because the agency is not providing proper notice of the "procurements." We dismiss the protest.



B-414338, SK Hart Properties, LLC, May 11, 2017

Wed, 24 May 2017 13:00:00 -0400

SK Hart Properties, LLC (SK Hart), of Anchorage, Alaska, protests the terms of request for lease proposals (RLP) No. 5UT0131, issued by the General Services Administration (GSA), Public Building Service, for leased office space in Salt Lake City, Utah. SK Hart, the incumbent lessor, argues that the RLP's fixed tenant improvement allowance provision will result in a flawed price evaluation and is prejudicial to offerors that can accomplish the tenant improvements for less than the mandated amount. We deny the protest.



B-414071,B-414071.2, Interactive Government Holdings, Inc., February 02, 2017

Wed, 24 May 2017 13:00:00 -0400

Interactive Government Holdings, Inc. (Interactive), of Springfield, Virginia, protests the award of a contract to ADC Management Services, Inc. (ADC), of Lakewood, Colorado, under request for proposals (RFP) No. W9133L-16-R-0030, issued by the Department of the Army, National Guard Bureau, for non-personal support services for the Air National Guard (ANG) Yellow Ribbon Reintegration Program (YRRP). Interactive challenges various aspects of the agency's evaluation of proposals and its source selection decision. We deny the protest.



B-414445,B-414445.2, Fidelis Logistic and Supply Services, May 17, 2017

Tue, 23 May 2017 13:00:00 -0400

Fidelis Logistic & Supply Services, of Kabul, Afghanistan, challenges the issuance of delivery order No. 0005 under contract No. W56KJD-15-D-0010 to the Awardee for fuel supply for the Government of the Islamic Republic of Afghanistan's (GIRoA) National Security and Defense Forces (ANDSF). Fidelis challenges the agency's affirmative responsibility determination and also asserts that the available evidence demonstrates that the Awardee will not comply with the delivery order's fuel sourcing and security requirements. We deny the protest.



B-414329,B-414329.2,B-414329.3,B-414329.4, Mevacon-NASCO JV; Encanto Facility Services, LLC, May 11, 2017

Tue, 23 May 2017 13:00:00 -0400

Mevacon-NASCO JV, a small business of Las Cruces, New Mexico, and Encanto Facility Services, LLC, a small business of Albuquerque, New Mexico, protest the award of a contract to Infinite Energy Construction, Inc., a small business of Fort Worth, Texas, under request for proposals (RFP) No. W9126G-16-R-0048, which was issued by the Department of the Army, Army Corps of Engineers, for real property services at fort Hood, Texas. The protesters argue that the agency unreasonably evaluated the offerors' technical proposals, tailed to conduct meaningful discussions, unreasonably concluded that the awardee meets certain bona fide place of business eligibility requirements, and made an unreasonable best-value award decision. We sustain the protests.



B-329058, Department of Health and Human Services, Food and Drug Administration: Food Labeling; Nutrition Labeling of Standard Menu Items in Restaurants and Similar Retail Food Establishments; Extension of Compliance Date; Request for Comments, May 17, 2017

Mon, 22 May 2017 13:00:00 -0400

GAO reviewed the Food and Drug Administration's (FDA) new rule on food labeling, nutrition labeling of standard menu items in restaurants and similar retail food establishments, the extension of compliance date and request for comments. GAO found that (1) the interim final rule extends the compliance date for the final rule requiring disclosure of certain nutrition information for standard menu items in certain restaurants and retail food establishments; and (2) FDA complied with the applicable requirements in promulgating the rule.



B-414349, Tom Smith Fire Equipment Company, Inc., May 15, 2017

Mon, 22 May 2017 13:00:00 -0400

Tom Smith Fire Equipment Company, Inc. (Tom Smith), of Brandon, Florida, protests the terms of request for proposals (RFP) No. FA8056-17-R-0001 for Fire Emergency Services Personal Protective Equipment. Tom Smith argues that the determination to set aside certain products included in the RFP for small business competition was improper and that several other aspects of the solicitation were flawed. We deny the protest in part and dismiss it in part.



B-414365, Walker Development & Trading Group, Inc., May 18, 2017

Fri, 19 May 2017 13:00:00 -0400

Walker Development & Trading Group, Inc., of Reno, Nevada, protests the terms of request for quotations (RFQ) No. VA262-17-Q-0438, issued by the Department of Veterans Affairs (VA) for three types of medical devices. The protester contends that the agency's market research provides insufficient support for the VA's decision to set this requirement aside for service-disabled veteran-owned small business (SDVOSB) concerns. We deny the protest.



B-414216.2, Western Star Hospital Authority, Inc., May 18, 2017

Fri, 19 May 2017 13:00:00 -0400

Western Star Hospital Authority, Inc. (Western Star), of Atlanta, Georgia, protests the elimination of its proposal from the competition as late under request for proposals (RFP) No. W25G1V-17-R-0001, issued by the Department of the Army, for emergency medical services at the Tobyhanna Army Depot in Tobyhanna, Pennsylvania. The protester asserts that it submitted a timely proposal that was delayed en route by malfunction of the agency's email server. We deny the protest.



B-414135, Tele-Consultants, Inc., February 27, 2017

Fri, 19 May 2017 13:00:00 -0400

Tele-Consultants, Inc. (TCI), of Alpharetta, Georgia, protests the rejection of its proposal as late under request for proposals (RFP) No. N00024-16-R-3321, issued by the Department of the Navy, Naval Sea Systems Command, for support services for the Naval Undersea Warfare Center. TCI contends that its proposal was timely submitted and under the government's control prior to the time set for receipt of proposals. We deny the protest.



B-413929.2,B-413929.4, Bluehorse Corporation--Reconsideration, May 16, 2017

Wed, 17 May 2017 13:00:00 -0400

Bluehorse Corporation, of Reno, Nevada, requests that we reconsider our decisions in Bluehorse Corp., B-413929, Oct. 26, 2016 (unpublished decision), and Bluehorse Corp., B-413929.3, Jan, 10, 2017 (unpublished decision), dismissing the company's challenges regarding the award of a contract to Railroad Cleaners, of Pittsburg, California, under request for quotations (RFQ) No. VA262-16-Q-1604, issued by the Department of Veterans Affairs (VA) for bulk laundry services for the VA Southern Nevada Healthcare System. Bluehorse argues that, for various reasons, the underlying dismissal decisions were in error. We deny the requests for reconsideration.



B-414374, GOV Services, Inc., May 11, 2017

Wed, 17 May 2017 13:00:00 -0400

GOV Services, Inc., a small business of Falls Church, Virginia, protests the decision of the Department of Health and Human Services, National Institutes of Health (NIH), to award sole-source contract No. HHSN263201700012I for janitorial services to Akima Support Operations (ASO), an Alaska Native Corporation (ANC), of Anchorage, Alaska, under the Small Business Administration's (SBA) section 8(a) program. The protester asserts that the award of the contract on a sole-source basis is improper because it violates the SBA's regulations. We deny the protest.



B-413703.8, Systems Plus, Inc., May 10, 2017

Wed, 17 May 2017 13:00:00 -0400

Systems Plus, Inc., of Rockville, Maryland, protests the corrective action taken by the Defense Health Agency (DHA) in response to an earlier protest regarding request for quotations (RFQ) No. HT0015-16-R-0019, which was issued to acquire training support services for various legacy software applications. Systems Plus contends that DHA's decision to amend the solicitation and request revised quotations as part of the corrective action, rather than simply reevaluate vendors' past performance, was an unreasonable response to the earlier protest grounds challenging the agency's past performance evaluation. We deny the protest.



B-329048, Federal Reserve System: Federal Reserve Bank Capital Stock, May 10, 2017

Wed, 17 May 2017 01:05:00 -0400

GAO reviewed the Federal Reserve System's (Board) new rule on the Federal Reserve Bank capital stock. GAO found that (1) the final rule (a) establishes procedures for payment of dividends by the Federal Reserve Banks (Reserve Banks) to implement the provisions of section 32203 of the Fixing America's Surface Transportation Act, and (b) sets out the dividend rates applicable to Reserve Bank depository institution stockholders and amends provisions of Regulation I regarding treatment of accrued dividends when a Reserve Bank issues or cancels Federal Reserve Bank capital stock; and (2) with the exception of the 60-day delay in effective date requirement, the Board complied with the applicable requirements in promulgating the rule.



B-414579, Sancilio & Company, Inc., May 15, 2017

Tue, 16 May 2017 13:00:00 -0400

Sancilio & Company, Inc. (SCI), of Riviera Beach, Florida, protests the award of a contract to Liberty BioScience LLC (Liberty) of New York, New York, under request for proposals (RFP) No. VA797P-16-R-0100, issued by the Department of Veterans Affairs (VA) for fish oil capsules. Sancilio alleges that the VA should have rejected Liberty's proposal as technically unacceptable for not complying with the Trade Agreements Act (TAA). We dismiss the protest because, as filed with our Office, it does not establish a valid basis for challenging the agency's action.



B-413758.6,B-413758.7,B-413758.8, Sev1Tech, Inc., May 11, 2017

Tue, 16 May 2017 13:00:00 -0400

Sev1Tech, Inc., of Woodbridge, Virginia, protests the issuance of a task order to Amyx, Inc., of Reston, Virginia, under task order request (TOR) number GSC-QF0B-16-32998, issued by the General Services Administration (GSA), for mission support services for the Joint Improvised-Threat Defeat Agency (JIDA). The protester challenges the agency's evaluation of proposals and the selection decision. We deny the protest.



B-413390.5, Avid Technology Professionals, LLC, December 02, 2016

Tue, 16 May 2017 13:00:00 -0400

Avid Technology Professionals, LLC, a small business located in Columbia, Maryland, protests the exclusion of its proposal from the competition under request for proposals (RFP) No. H98230-14-R-0069, which was issued by the Maryland Procurement Office, National Security Agency (NSA), Central Security Service, for business, engineering, information technology, operations, and training support services. Avid argues that NSA improperly found its proposal technically unacceptable and ineligible for award. We deny the protest.



B-411994.4, Social Solutions International, Inc.--Costs, May 08, 2017

Tue, 16 May 2017 01:05:00 -0400

Social Solutions International, Inc., requests that we recommend that the firm be reimbursed the costs of filing and pursuing its protest of the award of a contract to IT Shows, Inc., by the United States Agency for International Development under request for proposals No. SOL-OAA-14-000024 for staffing support services for the agency's global health programs. We grant the request in part and deny it in part.



B-413116.53,B-413116.55, Octo Consulting Group, Inc., May 09, 2017

Mon, 15 May 2017 13:00:00 -0400

Octo Consulting Group, Inc., of McLean, Virginia, protests the decision of the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), not to award it a contract under request for proposals (RFP) No. CMS-2016-SPARC, for multiple indefinite-delivery indefinite-quantity contracts in support of the agency's Strategic Partners Acquisition Readiness Contract (SPARC) program. Octo alleges that the agency's best-value tradeoff decision failed to meaningfully consider Octo's lower price versus multiple awardees, and overlooked a weakness in its tradeoff between Octo and one higher-priced offeror selected for award. Octo also alleges that the agency misevaluated or disparately evaluated its proposal. We deny the protest.



B-413116.52,B-413116.59, Sevatec, Inc., May 09, 2017

Mon, 15 May 2017 13:00:00 -0400

Sevatec, Inc., of Fairfax, Virginia, protests the decision of the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), not to award it a contract under request for proposals (RFP) No. CMS-2016-SPARC, for multiple indefinite-delivery, indefinite-quantity contracts in support of the agency's Strategic Partners Acquisition Readiness Contract (SPARC) program. Sevatec alleges that the agency's best-value tradeoff determinations in favor of higher-priced proposals were irrational and inconsistent with the RFP's award criteria. We deny the protest.



B-414587,B-414587.2, General Dynamics Mission Systems, Inc., May 11, 2017

Fri, 12 May 2017 13:00:00 -0400

General Dynamics Mission Systems, Inc. (GDMS) of Fairfax, Virginia, protests the decision of the Department of the Air Force to award contract No. FA8217-17-C-0003 on a sole-source basis to The Boeing Company, Defense, Space, and Security, of Huntington Beach, California, for the Next Generation Cryptographic Architecture on the Combat Survivor Evader Locator (CSEL) program. The protester contends that the Air Force failed to follow the requisite competitive bidding procedures and that the stated justification for awarding the contract on a sole-source basis to The Boeing Company is unreasonable. The protester also contends that the agency improperly bundled its requirements. We dismiss the protest as academic because the agency has notified our Office that it intends to take corrective action. Agency Notice, Apr. 26, 2017; Agency Email Clarification, May 2, 2017. We do not consider academic protests because to do so would serve no useful public policy purpose. Ferris Optical, B-403012.2, B-403012.3, Oct. 21, 2010, 2010 CPD ¶ 265 at 1-2; Dyna-Air Eng'g Corp., B-278037, Nov. 7, 1997, 97-2 CPD ¶ 132.



B-414312,B-414312.2,B-414312.3, Northrop Grumman Systems Corporation, May 01, 2017

Thu, 11 May 2017 13:00:00 -0400

Northrop Grumman Systems Corporation, of Rolling Meadows, Illinois, protests the Department of the Air Force's award of a contract to BAE Systems Information and Electronic Systems Integration, Inc., of Nashua, New Hampshire, pursuant to request for proposals (RFP) No. FA8523-14-R-30015 related to the agency's radio frequency countermeasures (RFCM) program. Northrop challenges various aspects of the agency's evaluation and source selection process, including the assertion that the agency's source selection authority improperly rejected the agency's lower-level evaluators' award recommendation. We deny the protest.



B-328615, Election Assistance Commission--Payments to States under the Help America Vote Act of 2002, May 09, 2017

Tue, 09 May 2017 13:00:00 -0400

Payments made to states under the Help America Vote Act of 2002 (HAVA) are grants. Such payments are distributed "to carry out a public purpose of support or stimulation authorized by a law of the United States" and the federal government does not expect "substantial involvement" when states carry out activities authorized by HAVA. 31 U.S.C. 6304.



B-413314.4, American Federal Contractors, Inc.--Costs, April 24, 2017

Tue, 09 May 2017 13:00:00 -0400

American Federal Contractors, Inc. (AFCI), of Reston, 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 Beacon Associates, Inc., of Bel Air, Maryland, under request for proposals (RFP) No. HSFLAR-15-R-00001, issued by the Department of Homeland Security, Federal Law Enforcement Training Center (FLETC), for student support services at its Artesia, New Mexico location. We dismissed the protest after the agency advised our Office that it would take corrective action by canceling the solicitation and reissuing it after a review of its requirements. AFCI, the incumbent contractor for these services, argues its protest was clearly meritorious and the agency unduly delayed taking corrective action. We deny the request.