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Last Build Date: Fri, 09 Dec 2016 23:37:55 -0500

 



B-413798, Inspire International, December 08, 2016

Fri, 09 Dec 2016 12:00:00 -0500

Inspire International, LLC of Normal, Illinois, protests the award of a contract to Lag Sports and Leather Wear LLC, of Alexandria, Virginia, under request for quotations (RFQ) No. W9124D-16-T-0064, issued by the Department of the Army for the provision of embroidered baseball caps. Inspire alleges that the awarded price is so low as to indicate that the awardee will not comply with the Berry Amendment. We deny the protest.



GAO-17-230R, Department of Health and Human Services, Centers for Medicare & Medicaid Services: Medicare Program; Merit-Based Incentive Payment System (MIPS) and Alternative Payment Model (APM) Incentive Under the Physician Fee Schedule, and Criteria for Physician-Focused Payment Models, November 21, 2016

Thu, 08 Dec 2016 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; Merit-Based Incentive Payment System (MIPS) and Alternative Payment Model (APM) incentive under the Physician Fee Schedule (PFS), and criteria for physician-focused payment models. GAO found that (1) the final rule (a) repeals the Medicare sustainable growth rate methodology for updates to the physician fee schedule and replaces it with a new approach to payment called the Quality Payment Program that rewards the delivery of high-quality patient care through two avenues: Advanced Alternative Payment Models (Advanced APMs) and the MIPS for eligible clinicians or groups under PFS; (b) establishes incentives for participation in certain alternative payment models and includes the criteria for use by the Physician Focused Payment Model Technical Advisory Committee in making comments and recommendations on physician-focused payment models; and (c) establishes the MIPS, a new program for certain Medicare-enrolled practitioners; and (2) CMS complied with applicable requirements in promulgating the rule.



GAO-17-222R, Department of Education: Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Teacher Education Assistance for College and Higher Education Grant Program, November 16, 2016

Thu, 08 Dec 2016 12:00:00 -0500

GAO reviewed the Department of Education's (Education) new rule on Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, William D. Ford Federal Direct Loan Program, and Teacher Education Assistance for College and Higher Education Grant Program. GAO found that (1) the final rule (a) establishes a new federal standard and a process for determining whether a borrower has a defense to repayment on a loan based on an act or omission of a school under the William D. Ford Federal Direct Loan Program; (b) prohibits participating schools from using certain contractual provisions regarding dispute resolution processes, such as pre-dispute arbitration agreements or class action waivers, and requires certain notifications and disclosures by schools regarding their use of arbitration; (c) codifies Education's current policy regarding the impact that discharges have on the 150 percent Direct Subsidized Loan Limit; (d) amends the Student Assistance General Provisions regulations to revise the financial responsibility standards and add disclosure requirements for schools; and (e) amends the discharge provisions in the Federal Perkins Loan (Perkins Loan), Direct Loan, Federal Family Education Loan, and Teacher Education Assistance for College and Higher Education Grant programs; and (2) the final rule did not discuss the Unfunded Mandates Act but in its submission to us, Education indicated that the Act was not applicable.



GAO-17-226R, Department of Health and Human Services, Centers for Medicare & Medicaid Services: Medicare and Medicaid Programs; CY 2017 Home Health Prospective Payment System Rate Update; Home Health Value-Based Purchasing Model; and Home Health Quality Reporting Requirements, November 16, 2016

Thu, 08 Dec 2016 12:00:00 -0500

GAO reviewed the Department of Health and Human Services, Centers for Medicare & Medicaid Services' (CMS) new rule on Medicare and Medicaid programs, specifically the CY 2017 Home Health Prospective Payment System Rate Update, Home Health Value-Based Purchasing Model, and Home Health Quality Reporting Requirements. GAO found that (1) the final rule (a) updates the Home Health Prospective Payment System (HH PPS) payment rates, (b) implements the last year of the 4-year phase-in of the rebasing adjustments to the HH PPS payment rates, (c) updates the HH PPS case-mix weights using the most current, complete data available at the time of rulemaking, (d) implements the second year of a 3-year phase-in of a reduction to the national, standardized 60-day episode payment, (e) implements changes in payment for furnishing Negative Pressure Wound Therapy using a disposable device for patients under a home health plan of care, (f) discusses CMS's efforts to monitor the potential impacts of the rebasing adjustments, (g) includes an update on subsequent research and analysis as a result of the findings from the home health study, and (h) finalizes changes to the Home Health Value-Based Purchasing Model; and (2) with the exception of the 60-day delay in effective date, CMS complied with applicable requirements in promulgating the rule.



GAO-17-214R, Department of Energy: Energy Conservation Program: Energy Conservation Standards for Miscellaneous Refrigeration Products, November 14, 2016

Thu, 08 Dec 2016 12:00:00 -0500

GAO reviewed the Department of Energy's (DOE) new rule on energy conservation standards for miscellaneous refrigeration products. GAO found that (1) the final rule adopts new energy conservation standards for miscellaneous refrigeration products that correspond to the recommendations submitted jointly by interested persons that are stated by DOE to be representative of relevant points of view; and (2) DOE complied with applicable requirements in promulgating the rule.



B-413064,B-413064.2, CSC Government Solutions LLC, August 10, 2016

Wed, 07 Dec 2016 12:00:00 -0500

CSC Government Solutions LLC, of Falls Church, Virginia, protests the award of a contract to HP Enterprise Services, LLP (HPES), of Herndon, Virginia, under request for proposals (RFP) No. FA4600-14-R-0017, issued by the Department of the Air Force for information technology (IT) support services for the U.S. Strategic Command. CSC challenges the Air Force's evaluation of its and HPES' proposals and past performance, and argues that the agency failed to conduct meaningful discussions. We deny the protest.



B-409705.6, Department of Veterans Affairs--Reconsideration, December 05, 2016

Tue, 06 Dec 2016 12:00:00 -0500

The Department of Veterans Affairs (VA) requests that we reconsider our decision in B&B Medical Services, Inc.; Ed Medical, Inc., B-409705.4, B-409705.5, June 29, 2015, 2015 CPD ¶ 198. In that decision, we sustained the protests of B&B Medical Services, Inc., and Ed Medical, Inc., filed in connection with the award of a contract for home oxygen supply to First Community Care, LLC (FCC) under solicitation No. VA249-14-R-0173. We found that the VA failed to perform an adequate price realism evaluation of the proposals. The VA’s request contends that we erred in finding the protest of B&B Medical timely. We deny the request for reconsideration.



B-413989, Wyle Laboratories, Inc., December 05, 2016

Tue, 06 Dec 2016 12:00:00 -0500

Wyle Laboratories, Inc., of Lexington Park, Maryland, protests the issuance of a task order by the Department of the Navy, Naval Air Systems Command, Naval Air Warfare Center Aircraft Division (NAVAIR), to Booz Allen Hamilton, Inc., of McLean, Virginia, under request for proposals (RFP) No. N68335-15-R-0343, for comprehensive life cycle and sustainment support services. The solicitation contemplated the issuance of a task order against an existing multiple-award indefinite-delivery, indefinite-quantity (IDIQ) contract known as the General Services Administration's (GSA) One Acquisition Solution for Integrated Services (OASIS) contract. Wyle challenges the agency's evaluation and source selection decision. We dismiss the protest because it is not within our jurisdiction.



B-413390.3, Zavda Technologies LLC, November 01, 2016

Tue, 06 Dec 2016 12:00:00 -0500

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



B-412853.3,B-412853.4, CACI Technologies, Inc., November 22, 2016

Mon, 05 Dec 2016 12:00:00 -0500

CACI Technologies, Inc., of Chantilly, Virginia, protests the issuance of a task order to DynCorp International, LLC, of McLean, Virginia, by the Department of the Army, Intelligence and Security Command (INSCOM), under request for task order proposals (RTOP) No. W911W4-15-R-0017 for worldwide logistics support services. CACI alleges that the agency's evaluation of proposals was flawed in various respects.We deny the protest.



B-412949,B-412949.2, Vencore Services and Solutions, Inc., July 18, 2016

Mon, 05 Dec 2016 12:00:00 -0500

Vencore Services and Solutions, Inc., of Reston, Virginia, protests the issuance of a task order to ManTech Advanced Systems International, Inc., of Herndon, Virginia, under request for proposals (RFP) No. HSBP1015R0039, which was issued by the Department of Homeland Security, United States Customs and Border Protection (CBP), under the multiple-award indefinite-delivery, indefinite-quantity enterprise acquisition gateway for leading edge solutions (EAGLE II) contract, to obtain business intelligence support services (BISS) for U.S. border protection efforts. The protester alleges that the agency conducted misleading discussions with regard to its costs, and that the agency's evaluation of the awardee's technical proposal was flawed. We sustain the protest.



B-413382.2, HP Enterprise Services, LLC, November 30, 2016

Thu, 01 Dec 2016 12:00:00 -0500

HP Enterprise Services, LLC (HPES), of Herndon, Virginia, protests the General Services Administration's (GSA) award of a task order to CACI, Inc., of Chantilly, Virginia, pursuant to task order request (TOR) No. ID1150045, to provide various information technology (IT) support services for the Department of Defense. We dismiss the protest because it is not within our jurisdiction.



B-413563,B-413563.2, Cyber Solutions & Services, Inc. (d/b/a American Cyber, Inc.), November 18, 2016

Thu, 01 Dec 2016 12:00:00 -0500

Cyber Solutions & Services, Inc., of Clifton, Virginia, doing business as American Cyber, Inc., protests the issuance of a task order to Rivera Consulting Group, of Sellersburg, Indiana, by the Department of the Army, under request for quotations (RFQ) No. W52P1J-15-R-0088, for support services to the Army's Program Executive Officer - Enterprise Information Systems. American Cyber, a small business concern, protests that the Army accepted a proposal that fails to comply with Federal Acquisition Regulation clause 52.219-14, Limitation on Subcontracting, and that the agency's best-value determination was flawed. We deny the protest.



B-413614.3,B-413614.5, Veteran Technologists Corporation, November 29, 2016

Wed, 30 Nov 2016 12:00:00 -0500

Veteran Technologists Corporation (VTC) of Baltimore, Maryland, protests the decision by the Department of Homeland Security (DHS) not to award a contract to the firm under request for proposals (RFP) No. HSHQDC-14-R-00009 for Program Management, Administrative, Operations (Clerical) and Technical Services (PACTS II). The protester challenges the agency's evaluation of VTC's corporate experience and past performance. We deny the protest.



B-413104.5,B-413104.6, AttainX, Inc.; FreeAlliance.com, LLC, November 10, 2016

Tue, 29 Nov 2016 12:00:00 -0500

AttainX, Inc., of Lynchburg, Virginia, and FreeAlliance.com, LLC, of Washington, DC, protest the Department of Health and Human Services, National Institutes of Health (NIH)'s exclusion of the protesters' proposals from further consideration under request for proposals (RFP) No. NIHJT2016015, for information technology (IT) supplies and services. The protesters argue that the agency's exclusion of their proposals, based on failure to submit specific verification of an adequate cost accounting system for all contractor team arrangement (CTA) members, amounted to a non-responsibility determination that should have been referred to the Small Business Administration (SBA) under SBA's certificate of competency (COC) procedures. We deny the protests.



B-413758.2,B-413758.3, Analytic Strategies LLC; Gemini Industries, Inc., November 28, 2016

Mon, 28 Nov 2016 12:00:00 -0500

Analytic Strategies LLC, of Vienna, Virginia, and Gemini Industries, Inc., of Burlington, Massachusetts, protest the exclusion of their proposals from further consideration 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). We dismiss the protests because they are not within our jurisdiction.



GAO-17-212R, Department of the Treasury, Internal Revenue Service: Treatment of Certain Interests in Corporations as Stock or Indebtedness, November 09, 2016

Mon, 28 Nov 2016 12:00:00 -0500

GAO reviewed the Department of the Treasury, Internal Revenue Service's (IRS) new rule on the treatment of certain interests in corporations as stock or indebtedness. GAO found that (1) the final rule establishes threshold documentation requirements that must be satisfied in order for certain related-party interests in a corporation to be treated as indebtedness for federal tax purposes and treat as stock certain related-party interests that otherwise would be treated as indebtedness for federal tax purposes; and (2) with the exception of the 60-day delay in effective date requirement, IRS complied with applicable requirements in promulgating the rule.



B-413489.2,B-413490.2,B-413491.2,B-413492.2,B-413493.2,B-413494.2,B-413495.2, Nationwide Pharmaceutical LLC--Reconsideration, November 25, 2016

Fri, 25 Nov 2016 12:00:00 -0500

Nationwide Pharmaceutical, LLC (NWP), a service-disabled veteran-owned small business (SDVOSB), of San Antonio, TX, requests reconsideration of our August 18, 2016 decision dismissing its protest of the award of a blanket purchase agreement and issuance of six purchase orders to another offeror by the Department of Veterans Affairs (VA), under request for quotations (RFQ) No. VA69D-16-Q-0351 for pharmacy management and prescription services. NWP contends that our Office erred in dismissing its protest as untimely because of a change in legal requirements that occurred after the ordinary time for filing a protest. We deny the request for reconsideration.



GAO-17-203R, Environmental Protection Agency and Department of Transportation, National Highway Traffic Safety Administration: Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles--Phase 2, November 10, 2016

Fri, 25 Nov 2016 12:00:00 -0500

GAO reviewed the Environmental Protection Agency's (EPA) and Department of Transportation, National Highway Traffic Safety Administration's (NHTSA) new rule on greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles--Phase 2. GAO found that (1) the final rule (a) establishes a comprehensive Phase 2 Heavy-Duty National Program to reduce greenhouse gas (GHG) emissions and fuel consumption from new on-road medium- and heavy-duty vehicles and engines; (b) includes separate standards for the engines that power combination tractors and vocational vehicles; (c) includes certain EPA-specific provisions relating to control of emissions of pollutants other than GHGs; and (2) EPA and NHTSA complied with the applicable requirements in promulgating the rule.



GAO-17-206R, Environmental Protection Agency: Cross-State Air Pollution Rule Update for the 2008 Ozone NAAQS, November 10, 2016

Fri, 25 Nov 2016 12:00:00 -0500

GAO reviewed the Environmental Protection Agency's (EPA) new rule on the Cross-State Air Pollution Rule Update for the 2008 ozone National Ambient Air Quality Standards (NAAQS). GAO found that (1) the final rule (a) addresses interstate transport of ozone pollution with respect to the 2008 ozone NAAQS; (b) benefits human health and welfare by reducing ground-level ozone pollution; (c) reduces ozone season emissions of oxides of nitrogen (NOX) in 22 eastern states that can be transported downwind as NOX or, after transformation in the atmosphere, as ozone, and can negatively affect air quality and public health in downwind areas; (d) partially addresses the EPA's obligation under the Clean Air Act to promulgate Federal Implementation Plans to address interstate emission transport for the 2008 ozone NAAQS; and (e) updates the status of certain states' outstanding interstate ozone transport obligations with respect to the 1997 ozone NAAQS, for which the original Cross-State Air Pollution Rule provided a partial remedy; and (2) EPA complied with applicable requirements in promulgating the rule.



GAO-17-199R, Department of Homeland Security: U.S. Citizenship and Immigration Services Fee Schedule, November 07, 2016

Fri, 25 Nov 2016 12:00:00 -0500

GAO reviewed the Department of Homeland Security's (DHS) new rule on the establishment of the U.S. Citizenship and Immigration Services fee schedule. GAO found that (1) the final rule adjusts the fee schedule for immigration and naturalization benefit requests processed by the U.S. Citizenship and Immigration Services; and (2) DHS complied with the applicable requirements in promulgating the rule.



B-412608,B-412608.2, EFW Inc., April 07, 2016

Fri, 25 Nov 2016 12:00:00 -0500

EFW Inc., of Fort Worth, Texas, protests the award of an indefinite-delivery, indefinite-quantity (IDIQ), contract to DRS ICAS, LLC, of Beavercreek, Ohio, by the Department of the Navy, Space and Naval Warfare Systems Command, under request for proposals (RFP) No. N00039-15-R-0030, for development, integration, test, support, and installation services for a Link 11 Data Terminal and Link 22 Signal Processing Control solution for the Navy's Command and Control Processor family of systems. EFW alleges that Navy conducted misleading discussions by failing to alert it to the actual area of the agency's concerns. EFW also alleges that the Navy's evaluation was unreasonable with regard to past performance and cost/price, and that the best-value decision was flawed. We sustain the protest.



B-413741, RELYANT Global, LLC, November 21, 2016

Wed, 23 Nov 2016 12:00:00 -0500

RELYANT Global, LLC, of Maryville, Tennessee, protests the award of a contract to Gear International, LLC, of Pensacola, Florida, under request for proposals (RFP) No. SP4510-16-R-0002, issued by the Defense Logistics Agency (DLA) for equipment repair and maintenance services in Bagram and Kandahar, Afghanistan. The protester asserts that the agency's past performance evaluation and the resulting award decision were unreasonable. We deny the protest.



B-413166.6, Office Design Group, Inc.--Costs, November 17, 2016

Wed, 23 Nov 2016 12:00:00 -0500

Office Design Group, Inc., of Irvine, California, a small business, requests that our Office recommend that the Department of the Veterans Affairs reimburse the reasonable costs of filing and pursuing a protest of the award of Federal Supply Schedule blanket purchase agreements (BPA) to five vendors, under request for quotations (RFQ) No. VA119-16-Q-0072 for healthcare facility furniture and related services for Veterans Health Administration facilities in particular regions or nationwide. We dismissed the protest as academic based on agency corrective action. ODG argues that the VA failed to take prompt corrective action in response to a clearly meritorious protest. We deny the request.



B-413501,B-413501.2, Science Applications International Corporation, November 09, 2016

Wed, 23 Nov 2016 12:00:00 -0500

Science Applications International Corporation (SAIC), of McLean, Virginia, protests the award of a contract to Battelle Memorial Institute, of Columbus, Ohio, by the United States Special Operations Command under request for proposals (RFP) No. H92222-15-R-0037 for nonstandard commercial vehicles modified for special operations use. SAIC alleges that the agency's evaluation of proposals was unreasonable and that its decision not to conduct discussions was improper. We deny the protest.