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Last Build Date: Wed, 13 Dec 2017 04:30:44 -0500

 



B-329092, Impoundment of the Advanced Research Projects Agency-Energy Appropriation Resulting from Legislative Proposals in the President's Budget Request for Fiscal Year 2018, December 12, 2017

Tue, 12 Dec 2017 12:00:00 -0500

Agencies may only withhold budget authority from obligation if the President has transmitted a special message to Congress. See Pub. L. No. 93-344, title X, §§ 1001-1017, 88 Stat. 297, 332 (July 12, 1974), classified at 2 U.S.C. §§ 681-688. ARPA-E withheld the obligation of $91 million without the President transmitting a special message to Congress. Accordingly, ARPA-E violated the Impoundment Control Act. Because we have confirmed that the funds are now available for obligation, we are not transmitting a report to Congress under the Impoundment Control Act. The President's budget request for FY 2018 proposed the elimination of ARPA-E, an agency within the Department of Energy. The budget request asks that Congress cancel more than $46 million of ARPA-E's unobligated balances and require that another $45 million of ARPA-E's unobligated balances be used to ensure full closure of ARPA-E by mid-2019. ARPA-E told us that it withheld the obligation of $91 million in FY 2017, per the Department of Energy's instructions, in anticipation of the enactment of the legislative proposals in the budget request. The Department of Energy acknowledged that although the budget authority was fully apportioned and allotted, "limited oral conversations regarding whether to withhold any budget authority in the ARPA E appropriation during FY 2017 pursuant to the FY 2018 President's Budget did occur." We found that ARPA-E's withholding violated the Impoundment Control Act.



B-415175,B-415175.2,B-415175.3,B-415175.4, AbacusSecure, LLC, December 06, 2017

Tue, 12 Dec 2017 12:00:00 -0500

AbacusSecure, LLC, of Reston, Virginia, protests the National Aeronautics and Space Administration's (NASA) award of a contract to ASRC Federal Data Solutions, LLC (AFDS) , of Beltsville, Maryland, pursuant to request for proposals (RFP) No. NNK17592924R to provide various information technology (IT) services for the John F. Kennedy Space Center (KSC) in Florida. AbacusSecure challenges various aspects of the agency's evaluation and source selection process, including alleged evaluation flaws regarding organizational conflicts of interest (OCIs), price realism, and past performance. We deny the protest.



B-415058,B-415058.2, Syneren Technologies Corporation, November 16, 2017

Tue, 12 Dec 2017 12:00:00 -0500

Syneren Technologies Corporation, of Arlington, Virginia, protests the Department of the Navy's rejection of the proposal Syneren submitted in response to request for proposal (RFP) No. N00039-16-R-0033 to provide various information technology (IT) services. Syneren challenges the agency's determination that its proposal was unacceptable.We deny the protest.



B-415090, Team J's, LLC, November 14, 2017

Mon, 11 Dec 2017 12:00:00 -0500

Team J's, LLC (TJL), an 8(a) small business of Dunkirk, Maryland, protests the award of a contract to Melgar Janitorial Solutions, an 8(a) small business of San Jose, California, under request for proposals (RFP) No. GS-11P-17-YE-D-0001 issued by the General Services Administration (GSA) for janitorial and cleaning services. The protester contends that the agency erred in finding it nonresponsible because the agency misinterpreted a provision of the solicitation, and further that the Small Business Administration (SBA) denied it a certificate of competency (COC) because of the manner in which the agency presented the issue to SBA. We dismiss the protest because it is untimely.



B-415005, Vector Planning & Services, Inc., November 08, 2017

Mon, 11 Dec 2017 12:00:00 -0500

Vector Planning & Services, Inc., (VPSI) a small business of San Diego, California, protests the issuance of a task order to SBG Technologies Solutions, Inc., a small business of Stafford, Virginia, by the Department of the Navy, Space and Naval Warfare Systems Command under request for task order proposals (RFTOP) No. N00039-17-R-3045 for systems engineering support services for the Program Executive Office for Space Systems, the Navy Communications Satellite Program Office. VPSI contends that the Navy's evaluation of proposals and the award decision were unreasonable. We deny the protest.



B-414844,B-414844.2,B-414844.3, ENSCO, Inc.; PAE National Security Solutions LLC, October 02, 2017

Mon, 11 Dec 2017 12:00:00 -0500

ENSCO, Inc., of Springfield, Virginia, and PAE National Security Solutions LLC, of Falls Church, Virginia, protest the award of a contract to CENTRA Technology, Inc., of Burlington, Massachusetts, by the Defense Threat Reduction Agency (DTRA), under request for proposals (RFP) No. HDTRA1-17-R-0014 for the provision of support services. ENSCO and PAE challenge various aspects of the evaluation of each firm's respective proposal, the awardee's proposal, as well as the agency's award decision. We sustain the protest in part and deny the protest in part.



B-415213, Empirical Concept, Inc., December 06, 2017

Fri, 08 Dec 2017 12:00:00 -0500

Empirical Concept, Inc., of National Harbor, Maryland, protests the issuance of a task order under Federal Acquisition Regulation (FAR) subpart 8.4 to Intelligent Fiscal Optimal Solutions, LLC (iFOS), of Columbia, Maryland, under request for quotations (RFQ) No. 1201143, issued by the Department of Labor for budget execution support services. The protester, the incumbent contractor providing these services, challenges the evaluation of quotations and the selection decision. We deny the protest.



B-415155,B-415155.2, Immersion Consulting, LLC, December 04, 2017

Fri, 08 Dec 2017 12:00:00 -0500

Immersion Consulting, LLC, of Annapolis, Maryland, protests the issuance of a task order under Federal Acquisition Regulation (FAR) subpart 8.4 to NetImpact Strategies, Inc., of Chantilly, Virginia, under solicitation No. 1186423, issued by the Department of Defense (DoD), Defense Human Resources Activity (DHRA), for program management support services. The protester challenges the evaluation of quotations and the selection decision. We sustain the protest.



B-414569.8, Janus Global Operations, LLC, November 21, 2017

Fri, 08 Dec 2017 12:00:00 -0500

Janus Global Operations, LLC, of Lenoir City, Tennessee, protests the issuance of a task order to SOC LLC, of Chantilly, Virginia, under request for task order proposals (RFTOP) No. SAQMMA16R0643, issued by the Department of State (DOS) for security services at the Baghdad Diplomatic Support Center (BDSC) in Iraq. Janus challenges DOS's evaluation of Janus' staffing plan and the agency's best-value tradeoff determination. We deny the protest.



B-415549, Antico Cantiere Del Legno Giovanni Aprea Di Cataldo S.R.L., December 06, 2017

Thu, 07 Dec 2017 12:00:00 -0500

Antico Cantiere Del Legno Giovanni Aprea Di Cataldo S.R.L. (Antico), of Sorrento, Italy, challenges the terms of request for quotations (RFQ) No. N68171-18-Q-0003, issued by the Department of the Navy for storage and teak deck repair of the Grazia II, an Admiral's barge. The protester argues that the agency's requirement for hauling the Grazia II using a boat ramp, boat cradle, and winch heaving system is unduly restrictive of competition. We deny the protest.



B-414621, Family Health International, July 28, 2017

Thu, 07 Dec 2017 12:00:00 -0500

Family Health International, of Durham, North Carolina, protests the award of a contract to John Snow, Inc. (JSI), of Boston, Massachusetts, under request for proposals (RFP) No. SOL-611-16-000001, issued by the United States Agency for International Development (USAID) for services in support of the "Supporting an AIDS-FREE ERA" (SAFE) program in the Republic of Zambia. The protester challenges the agency's evaluation of technical proposals and award decision. We deny the protest.



B-415376, Arctic Slope Mission Services, LLC, December 01, 2017

Wed, 06 Dec 2017 12:00:00 -0500

Arctic Slope Mission Services, LLC, an 8(a) small business concern located in Beltsville, Maryland, protests the National Aeronautics and Space Administration's (NASA) rejection of its proposal pursuant to request for proposals (RFP) No. NNL17ZB1002R for administrative, media, and professional support services at Langley Research Center. The protester argues that the agency's decision to eliminate Arctic Slope's proposal from the competition was unreasonable. We deny the protest.



B-415137, Goodwill Industries of the Valleys; SourceAmerica, November 29, 2017

Wed, 06 Dec 2017 12:00:00 -0500

Goodwill Industries of the Valleys, of Roanoke, Virginia, and SourceAmerica, of Vienna Virginia, protest the General Services Administration's (GSA) actions in connection with the award of a "full service" lease (No. GS-03P-LVA00172) to VVP, LLC, of Charlottesville, Virginia, for office space and custodial services in a building that houses the Charlottesville courthouse; the protesters maintain that GSA's actions violate the Javits-Wagner-O'Day Act (JWOD Act) and that Act's implementation under the AbilityOne program. More specifically, Goodwill and SourceAmerica note that, pursuant to the JWOD Act and its implementing regulations, Goodwill is the mandatory source for the custodial service requirements at the Charlottesville courthouse, and assert that GSA's "failure either to carve out the custodial services from the VVP full service lease contract for award to Goodwill, or to direct VVP to contract for those services from Goodwill, violates procurement law and renders the lease unlawful." Protest at 2. We sustain the protest.



B-413028.4, Mission1st Group, Inc., November 20, 2017

Wed, 06 Dec 2017 12:00:00 -0500

Mission1st Group, Inc., a small business located in Princeton, New Jersey, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. HC1028-15-R-0030, issued by the Department of Defense (DOD), Defense Information Systems Agency (DISA), for global information technology (IT) services. The protester argues that the agency failed to conduct a proper cost realism evaluation. We dismiss the protest.



B-329129, Bureau of Consumer Financial Protection: Applicability of the Congressional Review Act to Bulletin on Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act, December 05, 2017

Tue, 05 Dec 2017 12:00:00 -0500

In response to a letter from Senator Pat Toomey, GAO issued an opinion on whether the Bulletin issued by the Consumer Financial Protection Bureau on Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act (CFPB Bulletin 2013-02) on March 21, 2013, is a "rule" for purposes of the Congressional Review Act (CRA). We concluded that CFPB Bulletin 2013-02 is a rule under the CRA, which requires that it be submitted to Congress for review.



B-329591, Department of Commerce, Patent and Trademark Office: Setting and Adjusting Patent Fees During Fiscal Year 2017, November 29, 2017

Tue, 05 Dec 2017 12:00:00 -0500

GAO reviewed the U.S. Patent and Trademark Office's (USPTO) new rule on restrictions on qualified financial contracts of certain FDIC-supervised institutions and revisions to the definition of qualifying master netting agreement and related definitions. GAO found that (1) the final rule sets or adjusts patent fees as authorized by the Leahy-Smith America Invents Act; and (2) USPTO complied with applicable requirements in promulgating the rule.



B-329577, Department of Defense, General Services Administration, National Aeronautics and Space Administration: Federal Acquisition Regulation; Removal of Fair Pay and Safe Workplaces Rule, November 21, 2017

Tue, 05 Dec 2017 12:00:00 -0500

GAO reviewed the Department of Defense (DOD), General Services Administration (GSA), and the National Aeronautics and Space Administration's (NASA) (collectively, agencies) new rule on the Federal Acquisition Regulation (FAR) removal of Fair Pay and Safe Workplaces Rule. GAO found that (1) this final rule amends the FAR to implement a public law that disapproved the final rule, Fair Pay and Safe Workplaces (FAR Case 2014-025), and an executive order dated March 27, 2017, that rescinded the prior executive orders authorizing that rule; and (2) the agencies complied with applicable requirements in promulgating the rule.



B-415383, Sky Quest Aviation LLC, December 04, 2017

Mon, 04 Dec 2017 12:00:00 -0500

Sky Quest Aviation, LLC (SQA), of Glendale, Arizona, protests the award of a contract to Gauss Management Research and Engineering, Inc. (GMRE), of South Ogden, Utah, by the Department of the Air Force under request for proposals (RFP) No. FA5587-17-R-0011 for helicopter flight services. The protester argues that the agency failed to reasonably evaluate the awardee's proposal with regard to its plan for performance of the contract requirements in the United Kingdom. We deny the protest.



B-414331.5, Specmat Technologies, Inc., November 29, 2017

Mon, 04 Dec 2017 12:00:00 -0500

Specmat Technologies, Inc., located in Rockford, Tennessee, protests the award of a contract to Signal Engineering, Inc., located in San Diego, California, under request for proposals (RFP) No. FA8606-16-R-6397 issued by the Department of the Air Force for personnel locator beacons (PLB). Specmat challenges the agency's evaluation of Signal's past performance and price. We deny the protest.



B-415062,B-415062.2, AdvanceMed Corporation, November 17, 2017

Mon, 04 Dec 2017 12:00:00 -0500

AdvanceMed Corporation, of Reston, Virginia, protests the issuance of a task order to Safeguard Services LLC, of Plano, Texas, under task order request for proposals (RFP) No. HHSM-500-2017-RFP-0044, issued by the Department of Health and Human Services (HHS), Centers for Medicare and Medicaid Services (CMS), to conduct program integrity audit and investigation work across Medicare and Medicaid operations. The protester argues that Safeguard was ineligible for award under the express provisions of the RFP because Safeguard's parent company had an organizational conflict of interest (OCI) that the agency failed to meaningfully consider, and that Safeguard's proposal was also technically unacceptable. We sustain the protest.



B-415628, Aurora Storage Products, Inc., December 01, 2017

Fri, 01 Dec 2017 12:00:00 -0500

Aurora Storage Products, Inc., of Aurora, Illinois, protests the issuance of a General Services Administration (GSA) Federal Supply Schedule (FSS) task order to Tennsco Corp., of Dickson, Tennessee, under request for quotations (RFQ) No. DJJE-17-RFQ-1066, issued by the Department of Justice (DOJ) for file storage systems. The protester argues that the agency improperly eliminated its quotation from consideration for award, failed to timely notify Aurora of the award decision, and failed to adequately respond to Aurora's agency-level protest. We dismiss the protest as untimely.



B-415149.2, APRO International, November 29, 2017

Fri, 01 Dec 2017 12:00:00 -0500

APRO International, of Vienna, Virginia, protests the terms of request for proposals (RFP) No. W15QKN-17-R-1051, issued by the Department of the Army for tactical water distribution system and water storage and distribution systems training. APRO, the incumbent contractor, argues that the terms of the solicitation are unduly restrictive of competition and reflect an agency bias against the firm. We deny the protest.



B-414648.2,B-414648.3, Protection Strategies, Inc., November 20, 2017

Fri, 01 Dec 2017 12:00:00 -0500

Protection Strategies, Inc. (PSI), of Oak Ridge, Tennessee, protests the establishment of a blanket purchase agreement (BPA) with Skyhawk Logistics, Inc., of Laurel, Maryland, by the Department of Health and Human Services (HHS) under request for quotations (RFQ) No. 16-233-SOL-00560 for background investigation services. PSI argues that the agency unreasonably evaluated the vendors under the technical, past performance, and price factors, and that the agency made an unreasonable tradeoff decision in selecting Skyhawk's lower-technically-rated, lower-priced quotation for award. We sustain the protest.



B-415151, SKC, LLC, November 20, 2017

Fri, 01 Dec 2017 12:00:00 -0500

SKC, LLC, a service-disabled veteran-owned small business located in Reston, Virginia, protests the decision by the Defense Intelligence Agency (DIA) and the Small Business Administration (SBA), to place a requirement for facility support services for DIA's Directorate of Logistics Operations Center (DLOC) under the SBA's 8(a) program for award on a sole-source basis to IKun, LLC of Herndon, Virginia, an Alaska Native Corporation. We deny the protest.



B-415097,B-415097.2, Language Select LLP, dba United Language Group, November 14, 2017

Fri, 01 Dec 2017 12:00:00 -0500

Language Select LLP, doing business as United Language Group, of Los Angeles, California, protests the issuance of a Federal Supply Schedule (FSS) blanket purchase agreement (BPA) to Cyracom International, Inc. (CII), of Tucson, Arizona, under request for quotations (RFQ) No. SSA-RFQ-17-1097, issued by the Social Security Administration (SSA) for worldwide telephone interpreter services. Language Select argues that the SSA misevaluated both firms' quotations, held unequal discussions, and made an unreasonable source selection decision. We sustain the protest.