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Last Build Date: Fri, 28 Apr 2017 14:02:23 -0400

 



B-413104.10, Competitive Range Solutions, LLC, April 18, 2017

Thu, 27 Apr 2017 13:00:00 -0400

Competitive Range Solutions, LLC (CRS), of O'Fallon, Illinois, protests the Department of Health and Human Services, National Institutes of Health (NIH)'s exclusion of the protester's proposal from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services. The protester argues that the agency's exclusion of its proposal based on its failure to have sufficient capabilities in health-related missions amounted to a nonresponsibility determination that should have been referred to the Small Business Administration (SBA) under SBA's certificate of competency (COC) procedures. We sustain the protest.



B-328986, Department of Labor, Employee Benefits Security Administration: Definition of the Term "Fiduciary"; Conflict of Interest Rule-Retirement Investment Advice; Best Interest Contract Exemption (Prohibited Transaction Exemption 2016-01); Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs (Prohibited Transaction Exemption 2016-02); Prohibited Transaction Exemptions 75-1, 77-4, 80-83, 83-1, 84-24 and 86-128, April 20, 2017

Wed, 26 Apr 2017 13:00:00 -0400

GAO reviewed the Department of Labor, Employee Benefits Security Administration's (EBSA) new rule on the definition of the term "fiduciary," Conflict of Interest Rule-Retirement Investment Advice, Best Interest Contract exemption, class exemption for principal transactions in certain assets between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs, and prohibited transaction exemptions. GAO found that (1) the final rule  (a) extends for 60 days the applicability date of the final rule (Fiduciary Rule) which was published with RIN 1210-AB32, on April 8, 2016, (b) extends for 60 days the applicability dates of the Best Interest Contract Exemption and the Class Exemption for Principal Transactions in Certain Assets Between Investment Advice Fiduciaries and Employee Benefit Plans and IRAs, (c) requires that fiduciaries relying on these exemptions for covered transactions adhere only to the Impartial Conduct Standards (including the "best interest" standard), as conditions of the exemptions during the transition period from June 9, 2017, through January 1, 2018, (d) delays the applicability of amendments to Prohibited Transaction Exemption 84-24 until January 1, 2018, other than the Impartial Conduct Standards, which will become applicable on June 9, 2017, and (e) extends for 60 days the applicability dates of amendments to other previously granted exemptions; and (2) EBSA complied with applicable requirements in promulgating the rule.



B-413116.38,B-413116.39,B-413116.40,B-413116.41,B-413116.42,B-413116.43,B-413116.44,B-413116.45,B-413116.46,B-413116.47,B-413116.48,B-413116.51, Chags Health Information Technology, LLC; Grove Resource Solutions, Inc.; Next Phase Solutions and Services, Inc.; SparkSoft Corporation; All Points Logistics, Inc.; Delmock Technologies, Inc.; Apprio, Inc.; Leader Communications, Inc.; VariQ Conviso Joint Venture LLC; Strategi Consulting LLC; Innosoft Corporation; Analytica LLC--Costs, April 19, 2017

Tue, 25 Apr 2017 13:00:00 -0400

Chags Health Information Technology, LLC, of Columbia, Maryland; Grove Resource Solutions, Inc., of Frederick, Maryland; Next Phase Solutions and Services, Inc., of Greenbelt, Maryland; SparkSoft Corporation, of Columbia, Maryland; All Points Logistics, Inc., of Merritt Island, Florida; Delmock Technologies, Inc., of Baltimore, Maryland; Apprio, Inc., of Washington, District of Columbia; Leader Communications, Inc., of Oklahoma City, Oklahoma; VariQ Conviso Joint Venture LLC, of Washington, District of Columbia; Strategi Consulting LLC, of Chevy Chase, Maryland; Innosoft Corporation, of Columbia, Maryland; and Analytica LLC, of Washington, District of Columbia; request that our Office recommend that they be reimbursed the costs associated with filing and pursuing their respective protests against the award of multiple contracts under request for proposals (RFP) No. RFP-CMS-2016-SPARC, which was issued by the Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), for the Strategic Partners Acquisition Readiness Contract (SPARC) program. We grant the requests in part and deny them in part.



B-413731.2, A-P-T Research, Inc., April 03, 2017

Tue, 25 Apr 2017 13:00:00 -0400

A-P-T Research, Inc., of Huntsville, Alabama, a small business, protests the award of a contract to Alphaport, Inc., of Cleveland, Ohio, also a small business, under request for proposals (RFP) No. NNK16567219R, issued by the National Aeronautics and Space Administration (NASA), for various support services. A-P-T argues that NASA misevaluated Alphaport's proposal, failed to conduct a reasonable cost realism analysis, failed to mitigate or avoid an organizational conflict of interest (OCI) posed by Alphaport's major subcontractor, and made an unreasonable source selection decision. We sustain the protest.



B-328485, U.S. Army Corps of Engineers--Statutory Restrictions on the Use of Appropriated Funds for Welded Shipboard Anchor and Mooring Chain, April 24, 2017

Mon, 24 Apr 2017 13:00:00 -0400

Section 2434 of title 10 of the U.S. Code, recurring provisions in the annual DOD appropriations acts, and section 108 of the Energy and Water Development and Related Agencies Appropriations Act, 2016 restrict the purchase of "welded shipboard anchor and mooring chain." USACE's obligation of fiscal year (FY) 2015 Corps of Engineers--Civil, Operation and Maintenance funds for "buoy anchor chain" did not run afoul of any of these provisions. USACE did not violate them because it obligated amounts for a purpose, mooring a buoy, and from an appropriation, FY 15 Corps of Engineers--Civil, Operation and Maintenance funds, both of which were not subject to the statutory restrictions.



B-413636.2, American Government Services, LLC--Costs, April 21, 2017

Mon, 24 Apr 2017 13:00:00 -0400

American Government Services, LLC (AGS), a small business located in Clarksburg, New Jersey, requests that our Office recommend it be reimbursed the costs associated with filing and pursuing its protest of the award of contract No. AG-3151-C-16-0026 to Na Ali'i Consulting and Sales, LLC, an 8(a) small business located in Honolulu, Hawaii, by the Department of Agriculture (USDA) for project management support. The protester argues that the agency unduly delayed the implementation of its proposed corrective action. We deny the request.



B-413523.6,B-413523.7,B-413523.8,B-413523.9, Walden Security; Akal Security, Inc., March 22, 2017

Mon, 24 Apr 2017 13:00:00 -0400

Walden Security, of Chattanooga, Tennessee, and Akal Security, Inc., of Espanola, New Mexico, protest the award of three contracts to Paragon Systems, Inc., of Herndon, Virginia, under request for proposals (RFP) No. DJM-16-A32-R-0001, issued by the Department of Justice (DOJ), U.S. Marshals Service (USMS), for court security officers (CSO) for three federal judicial circuits. The protesters challenge the agency's evaluation of the offerors' technical proposals and past performance, and argue that the best-value tradeoff and source selection was unreasonable. We sustain Walden's protest; we deny Akal's protest.



B-414220.51, The CBE Group, Inc.--Reconsideration, April 19, 2017

Thu, 20 Apr 2017 13:00:00 -0400

The CBE Group, Inc. (CBE), an intervenor in a prior group of protests, requests reconsideration of our decision in General Revenue Corp., et al., B-414220.2, et al., Mar. 27, 2017, 2017 CPD ¶ ___. In that decision, we sustained in part and denied in part the protests of a number of concerns that had challenged the award of multiple contracts by the Department of Education under request for proposals (RFP) No. ED-FSA-16-R-0009 for debt collection services. CBE requests that we reconsider a specific legal conclusion that we reached in our prior decision. We dismiss the request for reconsideration.



B-328963, Securities and Exchange Commission: Securities Transaction Settlement Cycle, April 11, 2017

Thu, 20 Apr 2017 13:00:00 -0400

GAO reviewed the Securities and Exchange Commission's (the Commission) new rule on the Securities Transaction Settlement Cycle. GAO found that (1) the final rule adopts an amendment to the Settlement Cycle Rule under the Exchange Act of 1934 to shorten the standard settlement cycle for most broker-dealer transactions from 3 business days after the trade date (T+3) to 2 business days after the trade date (T+2); and (2) the Commission complied with applicable requirements in promulgating the rule.



B-412468.9, DataSource, Inc., April 14, 2017

Wed, 19 Apr 2017 13:00:00 -0400

DataSource, Inc., a woman-owned, small business located in McLean, Virginia, challenges the issuance of a task order by the Department of the Navy to Imagine One Technology & Management, Ltd., of Colonial Beach, Virginia, pursuant to request for proposals (RFP) No. N00024-14-R-3125, for information technology support services. The protester argues that the agency engaged in preferential and unequal treatment by excluding DataSource's proposal from the competition as non-compliant with the RFP and then issuing a task order to Imagine One despite alleged errors in Imagine One's proposal. We dismiss the protest.



B-413987.2, Boise Cascade Wood Products, LLC, April 03, 2017

Tue, 18 Apr 2017 13:00:00 -0400

Boise Cascade Wood Products, LLC (Boise), a small business of Monmouth, Oregon, requests that we recommend reimbursement of the costs of filing and pursuing its protest of Forest Service solicitation FS-2400-14BV for a transaction that involves both a timber sale and a procurement of services. Boise contends that the agency unduly delayed taking corrective action in the face of a clearly meritorious protest. Boise also asserts that its protest of the transaction was filed under our Office's statutory bid protest jurisdiction, and was not a nonstatutory protest to which the exception to recommendations for the payment of costs set forth in our Bid Protest Regulations, 4 C.F.R. 21.13(b), would apply. We deny the request for reimbursement.



B-414223, Fluor Federal Solutions, LLC, March 29, 2017

Mon, 17 Apr 2017 13:00:00 -0400

Fluor Federal Solutions, LLC, of Greenville, South Carolina, protests the terms of request for proposals (RFP) No. N69450-16-R-2113, issued by the Department of the Navy, Naval Facilities Engineering Command, for base operations support services at two locations in Florida: Pensacola Naval Regional Complex and Naval Hospital Pensacola. The protester argues that the scope of the solicitation is ambiguous, such that offerors cannot meaningfully price their proposals and proposals received cannot be meaningfully compared. Fluor contends that the remedy is for the agency to release Fluor's proprietary data provided to the Navy under the current contract and provide other background material. The protester also argues that if the requested information is not released, the agency should change the reimbursement structure from fixed-price to another compensation scheme reducing the financial risk to offerors. We deny the protest in part and dismiss the protest in part.



B-413500.2, NCS Technologies, Inc., February 14, 2017

Mon, 17 Apr 2017 13:00:00 -0400

NCS Technologies, Inc., of Gainesville, Virginia, protests the corrective action being taken by the United States Marine Corps, under request for quotations (RFQ) No. M67854-16-Q-4068, for commercially available deployable servers in support of Program Management Office, Marine Air-Ground Task Force Command, Control and Communications for the U.S. Marine Corps. NCS maintains that the agency's corrective action is improper. We deny the protest.



B-414261, Anders Construction, Inc., April 11, 2017

Fri, 14 Apr 2017 13:00:00 -0400

Anders Construction, Inc., of Harvey, Louisiana, protests the award of a contract to Specialty Diving of Louisiana, Inc., of Loranger, Louisiana, under request for proposals (RFP) No. W912P8-16-R-0005, issued by the Department of the Army, Corps of Engineers, for professional diving services. Anders alleges that the agency improperly evaluated its proposal as technically unacceptable. We deny the protest.



B-414247,B-414247.3,B-414247.5, ICF Incorporated, LLC, April 07, 2017

Fri, 14 Apr 2017 13:00:00 -0400

ICF Incorporated, LLC, of Fairfax, Virginia, protests the Department of Education's award of a contract to Mathematica Policy Research, of Princeton, New Jersey, pursuant to request for proposals (RFP) No. ED-IES-15-R-0016 for various research and support services aimed at furthering a range of educational objectives. ICF challenges multiple aspects of the agency's evaluation of proposals. We deny the protest.



B-413156.23, Planning & Learning Technologies, Inc.--Advisory Opinion, October 14, 2016

Fri, 14 Apr 2017 13:00:00 -0400

Planning & Learning Technologies, Inc. (Paltech), a small business of Arlington, Virginia, challenges the elimination of its proposal from consideration for award under request for proposals (RFP) No. GS02Q15CRR0002 (frequently referred to as the Human Capital and Training Solutions Small Business (HCaTS SB) solicitation), issued by the General Services Administration (GSA) to provide training and development services across the federal government. Paltech submitted a protest to our Office on May 23, 2016, asserting that the agency unreasonably concluded that its proposal did not comply with the solicitation's requirements. Paltech also argued that, in any case, if the agency required further information, Paltech should have been allowed to submit it during clarifications. On July 19, we dismissed Paltech's protest, and several others, when another offeror under the solicitation submitted a protest to the United States Court of Federal Claims. Bid Protest Regulations, 4 C.F.R. 21.11(b) (2016). On August 1, the Department of Justice filed a motion with the court requesting an advisory opinion from our Office. The court granted the motion and requested that our Office issue an advisory opinion regarding the merits of the protest Paltech filed with our Office. See id. Our opinion here is issued in response to the court's request, and is presented in the same general format as we normally employ to issue decisions responding to bid protests. Our Office finds the protest without merit, and we would deny this protest.



B-413156.21, The Arbinger Company--Advisory Opinion, October 14, 2016

Fri, 14 Apr 2017 13:00:00 -0400

The Arbinger Company, a small business of Farmington, Utah, challenges the elimination of its proposal from consideration for award under request for proposals (RFP) No. GS02Q15CRR0002 (frequently referred to as the Human Capital and Training Solutions Small Business (HCaTS SB) solicitation), issued by the General Services Administration (GSA) to provide training and development services across the federal government. Arbinger submitted a protest to our Office on May 20, 2016, in which it asserted that the agency unreasonably rejected Arbinger's proposal because it submitted the wrong version of an RFP attachment. Arbinger also argued that the agency should have engaged in clarifications to allow Arbinger to submit the correct version of the attachment. On July 19, we dismissed Arbinger's protest, and several others, when another offeror under the solicitation submitted a protest to the United States Court of Federal Claims. Bid Protest Regulations, 4 C.F.R. 21.11(b) (2016). On August 5, the parties (Arbinger and the Department of Justice) filed a joint motion with the court requesting an advisory opinion from our Office. The court granted the motion and requested that our Office provide an advisory opinion regarding the merits of the protest Arbinger filed with our Office. See id. Our opinion here is issued in response to the court's request, and is presented in the same general format as we normally employ to issue decisions responding to bid protests. Our Office finds the protest without merit, and we would deny this protest.



B-413156.22, The McKinley Group, LLC--Advisory Opinion, October 14, 2016

Fri, 14 Apr 2017 13:00:00 -0400

The McKinley Group, LLC, a small business of Rockville, Maryland, challenges the elimination of its proposal from consideration for award under request for proposals (RFP) No. GS02Q15CRR0002 (frequently referred to as the Human Capital and Training Solutions Small Business (HCaTS SB) solicitation), issued by the General Services Administration (GSA) to provide training and development services across the federal government. McKinley submitted a protest to our Office on May 26, 2016, in which it asserted that its proposal was unreasonably rejected because it incorrectly numbered its relevant experience projects. McKinley also argued that, in any case, it should have been allowed to clarify the matter. On July 19, we dismissed McKinley's protest, and several others, when another offeror under the solicitation submitted a protest to the United States Court of Federal Claims. Bid Protest Regulations, 4 C.F.R. 21.11(b) (2016). On August 10, the parties (McKinley and the Department of Justice) filed a joint motion with the court requesting an advisory opinion from our Office. The court granted the motion and requested that our Office provide an advisory opinion regarding the merits of the protest McKinley filed with our Office. See id. Our opinion here is issued in response to the court's request, and is presented in the same general format as we normally employ to issue decisions responding to bid protests. We conclude that the agency unreasonably rejected McKinley's proposal, and we would sustain this protest.



B-414244,B-414244.2, AllWorld Language Consultants, Inc., April 03, 2017

Thu, 13 Apr 2017 13:00:00 -0400

AllWorld Language Consultants, Inc., of Rockville, Maryland, protests the issuance of a task order to Legal Interpreting Services, Inc. (LIS), of Brooklyn, New York, under request for quotations (RFQ) No. ID04160102, which was issued by the General Services Administration (GSA), on behalf of the Department of the Air Force, Air Force Central Command, for linguistic support services. AllWorld argues that GSA unreasonably evaluated the awardee's quotation and also improperly provided the awardee an opportunity to reduce its quoted price without providing the same opportunity to the protester. We deny the protest.



B-414137.3, American Access, Inc, April 11, 2017

Wed, 12 Apr 2017 13:00:00 -0400

American Access, Inc., of Bartlett, Tennessee, protests the terms of amendment 15 to request for proposals (RFP) No. VA240C-14-R-0015, issued by the Department of Veterans Affairs (VA) for modular ramps. The protester argues that the amendment and email transmitting the amendment contain patent ambiguities as to the date from which prices were requested to be extended for a set period of time. We deny the protest.



B-413774.3, Siemens Healthcare Diagnostics, Inc.--Costs, April 07, 2017

Mon, 10 Apr 2017 13:00:00 -0400

Siemens Healthcare Diagnostics, Inc., of Norwood, Massachusetts, requests that we recommend it be reimbursed the costs associated with filing and pursuing a bid protest challenging the issuance of two blanket purchase agreements (BPAs) to Beckman Coulter, Inc., of Brea, California, under request for quotations (RFQ) No. VA256-15-Q-1084, issued by the Department of Veterans Affairs (VA) for chemical testing services. Siemens argues that the agency unduly delayed taking corrective action in response to its clearly meritorious protest. We grant the request.



B-412936.2, Harkcon Inc., March 30, 2017

Mon, 10 Apr 2017 13:00:00 -0400

Harkcon Inc., of Fredericksburg, Virginia, protests the award of a contract to Metris, LLC, of Gilbert, Arizona, under request for proposals (RFP) No. HSCG23-15-PFC999, issued by the Department of Homeland Security, United States Coast Guard (USCG), for training support services to be performed at Coast Guard training centers and support units throughout the country. Harkcon alleges that the agency unreasonably failed to analyze an alleged organizational conflict of interest (OCI) on the part of the awardee and consider a violation by the awardee of the Procurement Integrity Act (PIA). Harkcon also alleges that the agency failed to evaluate its technical proposal reasonably. We deny the protest.



B-414220.2, General Revenue Corporation; Account Control Technology, Inc.; Williams & Fudge, Inc.; Performant Recovery, Inc.; Collection Technology, Inc.; Alltran Education, Inc.; Texas Guaranteed Student Loan Corp.; Van Ru Credit Corporation; Global Receivables Solutions, Inc.; Progressive Financial Services, Inc.; Automated Collection Services, Inc.; Gatestone & Co. International, Inc.; Sutherland Global Services; Delta Management Associates, Inc.; Allied Interstate LLC; Collecto, Inc. d/b/a EOS CCA, March 27, 2017

Mon, 10 Apr 2017 01:04:00 -0400

General Revenue Corporation (GRC), of Mason, Ohio, Account Control Technology, Inc. (ACT), of Woodland Hills, California, Williams & Fudge, Inc. (W&F), of Rock Hill, South Carolina, Performant Recovery, Inc., of Livermore, California, Collection Technology, Inc. (CTI), of Rancho Cucamonga, California, Alltran Education, Inc., of Woodridge, Illinois, Texas Guaranteed Student Loan Corp. (TGSL), of Round Rock, Texas, Van Ru Credit Corp., of Des Plaines, Illinois, Global Receivables Solutions, Inc. (GRS), of Omaha, Nebraska, Progressive Financial Services, Inc. (PFS), of Tempe, Arizona, Automated Collection Services, Inc. (ACSI) , of Nashville, Tennessee, Gatestone & Company International, Inc., of Phoenix, Arizona, Sutherland Global Services, of Reston, Virginia, Delta Management Associates, Inc. (DMA), of Chelsea, Massachusetts, Allied Interstate LLC, of Plymouth, Minnesota, and Collecto, Inc. d/b/a EOS CCA, of Norwell, Massachusetts, protest the award of multiple indefinite-delivery/indefinite-quantity (IDIQ) contracts under request for proposals (RFP) No. ED-FSA-16-R-0009, which was issued by the Department of Education (DOE), for debt collection services. The protesters primarily challenge the agency's evaluation of proposals and resulting award decisions. We sustain the protests in part and deny them in part.



B-413156.25, Cybermedia Technologies, Inc. d/b/a CTEC, April 06, 2017

Fri, 07 Apr 2017 13:00:00 -0400

Cybermedia Technologies, Inc., d/b/a CTEC, a small business of Reston, Virginia, challenges the elimination of its proposal from consideration for award under request for proposals (RFP) No. GS02Q15CRR0002 (frequently referred to as the Human Capital and Training Solutions Small Business (HCaTS SB) solicitation), issued by the General Services Administration (GSA) to provide training and development services across the federal government. CTEC asserts that the agency unreasonably evaluated its proposal. We deny the protest.



B-414220.49,B-414220.50, Premiere Credit of North America, LLC; Financial Management Systems Investment Corp.--Reconsideration, April 06, 2017

Fri, 07 Apr 2017 13:00:00 -0400

Premiere Credit of North America, LLC, of Indianapolis, Indiana, and Financial Management Systems Investment Corporation (FMS), of Woodstock, Georgia, request that we reconsider our decision in General Revenue Corp., et al., B-414220.2 et al., Mar. 27, 2017, 2017 CPD  ¶ __, in which we sustained in part several protests challenging the award of multiple indefinite-delivery/indefinite-quantity contracts under request for proposals (RFP) No. ED-FSA-16-R-0009, which was issued by the Department of Education (DOE), for student debt collection services. We sustained several of the protests, concluding that the agency unreasonably evaluated proposals under the past performance and management approach factors. Premiere Credit and FMS--both of which received awards here, and were intervenors in the protests decided on March 27--filed "motions to vacate" asking that we reconsider and rescind our decision. We deny the requests for reconsideration.