Last Build Date: Fri, 30 Sep 2016 14:39:57 -0400
Thu, 29 Sep 2016 13:00:00 -0400The Department of Health and Human Services (HHS) administers the 3-year transitional reinsurance program established under section 1341 of the Patient Protection and Affordable Care Act. The program, which is financed by statutorily required contributions from participating health insurance issuers and group health plans, makes payments to eligible issuers, to stabilize health insurance premiums and encourage issuer participation in the health insurance markets. Section 1341 designates a specified amount of collections from issuers for reinsurance payments and also directs the deposit of a specified amount of collections in the general fund of the United States Treasury (Treasury). HHS asserts that when collections fall short of the amounts specified in statute the agency has authority to allocate all collections for reinsurance payments, making deposits in the Treasury only if collections reach the amounts specified for reinsurance payments in section 1341. HHS lacks authority to ignore the statute's directive to deposit amounts from collections under the transitional reinsurance program in the Treasury and is required to collect and deposit amounts for the Treasury, regardless of whether its collections fall short of the amounts specified in statute for reinsurance payments. HHS may not use amounts collected for the Treasury to make reinsurance payments.
Thu, 29 Sep 2016 13:00:00 -0400Halbert Construction Company, Inc. (Halbert), of El Cajon, California, protests the exclusion of its proposal from the second phase of the competition under request for proposals (RFP) No. N62473-14-R-0069, issued by the Department of the Navy, Naval Facilities Engineering Command (NAVFAC) Southwest, for design-build services to be performed at various government installations located in California, Arizona, Nevada, Utah, Colorado, and New Mexico. The protester contends that the agency conducted a flawed past performance evaluation and tradeoff analysis. We sustain the protest.
Wed, 28 Sep 2016 13:00:00 -0400TeleCommunication Systems, Inc. (TCS), of Annapolis, Maryland, protests the issuance of a task order to DataPath, Inc., of Duluth, Georgia, under request for task execution plans (RTEP) S4G-035, issued by the Department of the Army, Army Materiel Command (Army), for satellite communication support services. TCS challenges the evaluation of the task execution plans (TEPs) and the selection decision. We deny the protest.
Wed, 28 Sep 2016 13:00:00 -0400Technica Corporation, of Dulles, Virginia, protests the terms of request for quotations (RFQ) No. 1096408, which was issued by the Defense Information Systems Agency (DISA), Defense Information Technology Contracting Organization, for solution engineering and implementation support services. Technica argues that the solicitation improperly provides for award to the vendor that submits the lowest-priced, technically-acceptable (LPTA) quotation. The protester also argues that the agency improperly rejected its quotation on the basis that the protester failed to recertify its small business size status and is therefore not eligible to compete for the award of the task order. We deny the protest in part and dismiss it in part.
Tue, 27 Sep 2016 13:00:00 -0400Davis Strategic Innovations, Inc. (DSI), of Huntsville, Alabama, protests the award of a contract to MECx, Inc., of Houston, Texas, under request for proposals (RFP) No. NND15538677R, issued by the National Aeronautics and Space Administration (NASA) for safety and environmental support services for the Armstrong Flight Research Center at Edwards Air Force Base (AFB), California. DSI contends that NASA's past performance evaluation and selection decision were based on the agency's improper consideration of the incumbent contract performed by a different entity. We deny the protest.
Tue, 27 Sep 2016 13:00:00 -0400GAO reviewed the Department of Health and Human Services, Administration for Children and Families' (ACF) new rule on Head Start performance standards. GAO found that (1) the final rule (a) outlines the requirements imposed on Governing Bodies and Policy Councils to ensure well-governed Head Start programs; (b) outlines all of the operational requirements for serving children and families; (c) lays out the requirements Head Start programs must adhere to; (d) governs the procedures the responsible official takes to determine the results of competition for all grantees, any actions against a grantee, whether a grantee needs to compete for renewed funding, and other transparency-related procedure; (e) reorganizes specific sections with the intention of making Head Start requirements easier to understand, and (f) eliminates redundancy and groups together related requirements; and (2) ACF complied with applicable requirements in promulgating the rule.
Tue, 27 Sep 2016 13:00:00 -0400GAO reviewed the Department of Health and Human Services, Centers for Medicare & Medicaid Services' (CMS) new rule on Medicare Program; hospital inpatient prospective payment systems for acute care hospitals and the long-term care hospital prospective payment system and policy changes and fiscal year 2017 rates; quality reporting requirements for specific providers; graduate medical education; hospital notification procedures applicable to beneficiaries receiving observation services; technical changes relating to costs to organizations and Medicare cost reports; finalization of interim final rules with comment period on long-term care hospitals prospective payment system payments for severe wounds, modifications of limitations on redesignation by the Medicare Geographic Classification Review Board, and extensions of payments to MDHs and low-volume hospitals. GAO found that (1) the final rule revises the Medicare hospital inpatient prospective payment systems for operating and capital-related costs of acute care hospitals to implement changes arising from CMS's continuing experience with these systems for FY 2017; and (2) CMS complied with the applicable requirements in promulgating the rule.
Thu, 22 Sep 2016 13:00:00 -0400Al Raha Group for Technical Services, of Riyadh, Saudi Arabia, protests the terms of request for proposals (RFP) No. FA8505-16-R-0004, issued by the Department of the Air Force for F-15 supply services, logistics, and other support services for the Royal Saudi Air Force (RSAF). Al Raha challenges the pricing requirements and terms of the solicitation as vague and undefined, and claims that this vagueness prevents offerors from competing on a common basis. We deny the protest.
Thu, 22 Sep 2016 13:00:00 -0400GAO reviewed the Environmental Protection Agency's (EPA) new rule on emission guidelines and compliance times for municipal solid waste landfills. GAO found that (1) the final rule (a) promulgates a new subpart that updates the Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills (Emission Guidelines; (b) achieves additional reductions in emissions of landfill gas and its components, including methane, by lowering the emissions threshold at which a landfill must install controls; (c) incorporates new data and information received in response to an advanced notice of proposed rulemaking and a proposed rulemaking and addresses other regulatory issues including surface emissions monitoring, wellhead monitoring, and the definition of landfill gas treatment system; and (2) EPA complied with the applicable requirements in promulgating the rule.
Thu, 22 Sep 2016 13:00:00 -0400GAO reviewed the Environmental Protection Agency's (EPA) new rule on standards of performance for municipal solid waste landfills. GAO found that (1) the final rule promulgates a new subpart that updates the Standards of Performance for Municipal Solid Waste Landfills; and (2) EPA complied with applicable requirements in promulgating the rule.
Thu, 22 Sep 2016 13:00:00 -0400GAO reviewed the Department of Defense, General Services Administration, and National Aeronautics and Space Administration's (the agencies) new rule on Federal Acquisition Regulation (FAR); fair pay and safe workplaces. GAO found that (1) the final rule amends the FAR to implement Executive Order 13,673, Fair Pay and Safe Workplaces; and (2) the agencies complied with applicable requirements in promulgating the rule.
Thu, 22 Sep 2016 13:00:00 -0400GAO reviewed the Department of Labor, Employment and Training Administration and Department of Education's (Departments) new rule on the Workforce Innovation and Opportunity Act, unified and combined state plans, performance accountability, and the one-stop system joint provisions. GAO found that (1) the final rule (a)implements jointly administered activities authorized by title I of the Workforce Innovation and Opportunity Act, (b) provides guidance for state and local workforce development systems that increase the skill and credential attainment, employment, retention, and earnings of participants, especially those with significant barriers to employment, thereby improving the quality of the workforce, reducing dependency on public benefits, increasing economic opportunity, and enhancing the productivity and competitiveness of the nation; and (2) the Departments complied with applicable requirements in promulgating the rule.
Thu, 22 Sep 2016 13:00:00 -0400GAO reviewed the Department of Labor's (DOL), Employment and Training Administration's (ETA), new rule on the Workforce Innovation and Opportunity Act (WIOA). GAO found that (1) the final rule (a) implements titles I and III of the WIOA; and (b) provides the framework for changes for statewide and local workforce development systems to increase the employment, retention, earnings, and occupational skill attainment of U.S. workers, particularly those individuals with barriers to employment, so they can move into good jobs and careers and provide businesses with the skilled workforce needed to make the United States more competitive in the 21st Century global economy; and (2) DOL complied with the applicable requirements in promulgating the rule.
Wed, 21 Sep 2016 13:00:00 -0400Mare Solutions, Inc., a service-disabled veteran-owned small business (SDVOSB) of Pittsburgh, Pennsylvania, protests the award of a contract to SAW Contracting, Inc., a SDVOSB of Virginia Beach, Virginia, under request for proposals (RFP) No. VA244-15-R-1582, issued by the Department of Veterans Affairs (VA) for boiler plant replacement services. Mare contends that the VA's evaluation of its proposal, the evaluation of the awardee's proposal, and the agency's award decision were unreasonable. Mare also argues that the awardee's proposal failed to provide the information necessary to determine whether SAW would comply with the subcontracting limitation in Federal Acquisition Regulation (FAR) clause 52.219-14. We deny the protest.
Tue, 20 Sep 2016 13:00:00 -0400The Millennium Challenge Corporation's (MCC) appropriations are available for the purpose of entering into compacts with certain countries, even where a country's income status changes before the compact enters into force. Because of the unique statutory process for development of a compact with a country, which may span several years, the country's income status at the beginning of the process determines the availability of MCC's appropriations for the compact. MCC's currently available appropriations, including no-year funds appropriated in a prior year (consistent with any restrictions applicable to those funds in that prior fiscal year), are available for the purpose of entering into a compact with a country that was properly identified as a candidate country, determined to be an eligible country, and selected for a compact for a fiscal year pursuant to the Millennium Challenge Act. This conclusion applies even where the country may have experienced a subsequent change in income status, before the compact enters into force, to an income status that, otherwise, would not be entitled to assistance. MCC is not required to reevaluate the candidacy decision and redetermine whether the country would meet the income criteria for a candidate country in place at the time the compact enters into force.
Tue, 20 Sep 2016 13:00:00 -0400InfoReliance Corporation, of Fairfax, Virginia, a large business concern, protests the terms of request for quotations (RFQ) No. RFQP0700NAS160879A, issued by the Department of Justice, Federal Bureau of Prisons (BOP), to holders of General Services Administration (GSA) Federal Supply Schedule (FSS) contracts for Amazon Web Services. InfoReliance argues that the agency's decision to set aside the procurement for small business concerns was unreasonable because no small business will be able to comply with the limitation on subcontracting for the required services.We deny the protest.
Tue, 20 Sep 2016 13:00:00 -0400Engility Corporation, of Andover, Massachusetts, protests its elimination from competition under request for proposals (RFP) No. SSESR-2055, issued by the Department of the Army to acquire software and engineering support services. Engility maintains that the agency unreasonably found it nonresponsible. We sustain the protest.
Tue, 20 Sep 2016 13:00:00 -0400ProActive Technologies, Inc., of Oviedo, Florida, and CymSTAR Services, LLC, of Broken Arrow, Oklahoma, protest the award of a contract by the Department of the Air Force for B-52 training systems to Aviation Training Consulting, LLC (ATC), of Altus, Oklahoma, under request for proposals (RFP) No. FA8621-15-R-6338. ProActive, the incumbent on the current contract, and CymSTAR challenge the Air Force's technical and past performance evaluations. We deny the protests.
Tue, 20 Sep 2016 13:00:00 -0400New Directions Technologies, Inc., of Ridgecrest, California, protests the award of a contract by the National Aeronautics and Space Administration to All Points Logistics, LLC, of Huntsville, Alabama, under request for proposals (RFP) No. NNM14494731R for information technology (IT) services to be provided at the George C. Marshall Space Flight Center, in Huntsville, Alabama, the National Space Science and Technology Center, also in Huntsville, and the Michoud Assembly Facility, in New Orleans, Louisiana. New Directions alleges that the agency engaged in disparate treatment of offerors and that its best-value determination was flawed. We deny the protest.
Mon, 19 Sep 2016 13:00:00 -0400T.W. Recycling, of Las Vegas, Nevada, protests the cancellation of request for proposals (RFP) No. SP4530-16-R-0003, issued by the Defense Logistics Agency (DLA) on behalf of the U.S. Army Garrison Kwajalein Atoll for management and scrap metal removal services. The protester contends that the cancellation was improper. We deny the protest.
Mon, 19 Sep 2016 13:00:00 -0400Brandes Associates, Inc., of Lone Tree, Colorado, requests that our Office recommend that the Department of the Navy reimburse attorneys' fees and costs that the firm incurred in filing and pursuing a protest under request for proposals (RFP) No. N00024-13-R-3157, issued by the Navy to procure program management services, after the Navy took voluntary corrective action in response to the protest. Brandes argues that the agency did not take timely corrective action in the face of a clearly meritorious protest. We deny the request.
Fri, 16 Sep 2016 13:00:00 -0400ANAMAR Environmental Consulting, Inc., of Gainesville, Florida, protests the cancellation of request for proposals (RFP) No. W912EP-15-R-0006 issued by the Department of the Army, U.S. Army Corps of Engineers (Corps), for sampling, testing, and analysis of marine sediments. The protester asserts that the agency has no reasonable basis to cancel the RFP, that the cancellation is a pretext to avoid resolving the protest that preceded the cancellation, and that the agency is precluded by law from performing the work in-house. We deny the protests.
Fri, 16 Sep 2016 13:00:00 -0400Synchron, LLC, of Fairfax Station, Virginia, requests that we recommend that it be reimbursed the costs of filing and pursuing its protest challenging the award of a contract to the Patrona Corporation, of Arlington, Virginia, under request for proposals (RFP) No. N00024-15-R-3088, issued by the Department of the Navy, Naval Sea Systems Command (NAVSEA), for program support services for the NAVSEA Submarine Safety and Quality Assurance Program Office. We dismissed the protest after the agency advised our Office that it would take corrective action by reevaluating offerors' proposals and making a new source selection determination. Synchron argues that its protest was clearly meritorious and the agency's corrective action unduly delayed. We deny Synchron's request.
Thu, 15 Sep 2016 13:00:00 -0400Independent Systems, Inc. (ISI), of Bristow, Virginia, protests the rejection of its proposal under request for proposals (RFP) No. AG-05G2-S-16-0006, issued by the Department of Agriculture, Forest Service, for bulldozers. The protester contends that the Forest Service unreasonably determined that ISI's proposal took exception to the solicitation's delivery and payment terms. We deny the protest.
Thu, 15 Sep 2016 13:00:00 -0400Medfinity LLC, a small business located in Fountain Valley, California, protests the decision by the Department of Health and Human Services (HHS) to cancel request for quotations (RFQ) No. IHSWRSUOptometry for optometry equipment and installation services at Whiteriver Hospital campus in Whiteriver, Arizona. Medfinity alleges that the agency's rationale for cancellation was a pretext. We deny the protest.