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Last Build Date: Tue, 19 Sep 2017 20:47:08 -0400

 



B-329366, Department of the Interior, Fish and Wildlife Service: Migratory Bird Hunting; Migratory Bird Hunting Regulations on Certain Federal Indian Reservations and Ceded Lands for the 2017-18 Season, September 11, 2017

Tue, 19 Sep 2017 01:09:00 -0400

GAO reviewed the Department of the Interior, Fish and Wildlife Service's (Service) new rule on migratory bird hunting; migratory bird hunting regulations on certain federal Indian reservations and ceded lands for the 2017-18 season. GAO found that (1) the interim final rule (a) prescribes special migratory bird hunting regulations for certain Tribes on federal Indian reservations, off-reservation trust lands, and ceded lands; and (b) also allows the establishment of season bag limits and, thus, harvest at levels compatible with populations and habitat conditions in recognition of their authority to regulate hunting under established guidelines; and (2) that the Service complied with the applicable requirements in promulgating the rule.



B-414788,B-414788.2, Peregrine Integrated Management, Inc., September 11, 2017

Mon, 18 Sep 2017 13:00:00 -0400

Peregrine Integrated Management, Inc., a small business, of Sherwood, Arkansas, protests the issuance of a purchase order to ZB Training Solutions LLC, a small business, of Suffolk, Virginia, under request for quotations (RFQ) No. VA256-17-Q-0452, which was issued by the Department of Veterans Affairs (VA), for employee engagement and psychological training services. Peregrine primarily challenges the technical acceptability of ZB Training's quotation. We deny the protest.



B-414762,B-414762.2, Olgoonik Global Security, LLC, September 08, 2017

Mon, 18 Sep 2017 13:00:00 -0400

Olgoonik Global Security, LLC, (OGS) of Annandale, Virginia, protests the award of a contract to ManTech Advanced Systems International, Inc., of Fairfax, Virginia, under Request for Proposals (RFP) No. SAQMMA16R0014, issued by the Department of State (DOS) for technology security services to support the agency's diplomatic missions abroad. The protester argues that the agency's best-value decision was flawed because the agency failed to perform the requisite tradeoff analysis and because DOS failed to recognize the benefits offered by OGS's proposal. We deny the protest.



B-413682.2,B-413682.3, The Arcanum Group, Inc., March 29, 2017

Fri, 15 Sep 2017 13:00:00 -0400

The Arcanum Group, Inc. (TAG), of Denver, Colorado protests the General Service Administration, Public Buildings Service's (GSA) award of a contract to MIRACORP, Inc., of Mesa, Arizona, under request for proposals (RFP) No. GS-08-P-16-JE-D-7000, for administrative and technical support services for the GSA, Rocky Mountain Region 8. TAG primarily challenges the agency's price realism analysis and source selection decision. We sustain the protest in part and deny it in part.



GAO-17-797SP, Principles of Federal Appropriations Law: Chapter 3, Availability of Appropriations: Purpose, Fourth Edition, 2017 Revision, September 14, 2017

Thu, 14 Sep 2017 13:00:00 -0400

This is the third chapter in the Fourth Edition of GAO's PRINCIPLES OF APPROPRIATIONS LAW, titled "Availability of Appropriations: Purpose." Under the Purpose Statute, 31 U.S.C. § 1301, funds are available only for the purpose for which Congress appropriated them. Chapter 3 discusses the three-step framework used when determining whether appropriations are available for a particular purpose. Sections of the chapter correspond to each step of this framework. Under Step 1, there must be a reasonable and logical relationship between the expenditure and the appropriation. Among other things, this section discusses many common personal expense questions, including the use of appropriations to purchase food. Under Step 2, the expenditure must not be prohibited by law. This section discusses common statutory prohibitions, such as the bars against using appropriations for publicity or propaganda or for state or local taxes. Finally the chapter discusses Step 3: an expenditure must not be provided for in another appropriation. This chapter supersedes Chapter 4 of the Third Edition.



B-414258.4, Walker Development & Trading Group, Inc.--Recon., September 13, 2017

Thu, 14 Sep 2017 13:00:00 -0400

Walker Development & Trading Group, Inc., of Reno, Nevada, requests that we reconsider our decision denying Walker's request for the reimbursement of costs incurred in pursuing its protest of the terms of request for quotations (RFQ) No. VA69D-17-Q-0262, issued by the Department of Veterans Affairs (VA) for cardiac arrhythmia monitoring services. We deny the request for reconsideration.



B-414755, G4S Secure Solutions (USA), Inc., September 08, 2017

Thu, 14 Sep 2017 13:00:00 -0400

G4S Secure Solutions (USA), Inc., of Jupiter, Florida, protests the exclusion of its proposal from further consideration for contract award under request for proposals (RFP) No. HSCEDM-17-R-00002, issued by the Department of Homeland Security, Immigration and Customs Enforcement (ICE), for detainee transportation services in the San Antonio, Texas, area. G4S argues that the agency's evaluation of its proposal was improper. We deny the protest.



B-414204.3, SSI Technology, Inc., September 12, 2017

Wed, 13 Sep 2017 13:00:00 -0400

SSI Technology, Inc. (SSI), a small business, of Sterling Heights, MI, protests the award of a purchase order to Phoenix Trading, Inc. (PTI), of Rockville, MD, under request for quotations (RFQ) No. SPE7M5-16-U-0429, issued by the Defense Logistics Agency, Land and Maritime (DLA), for liquid fuel water separators. SSI asserts that the awardee cannot supply the product of an approved source, as required by the RFQ, and that the agency's best-value source selection was improper. We deny the protest.



B-414751.2, Fairwater Associates, September 11, 2017

Wed, 13 Sep 2017 13:00:00 -0400

Fairwater Associates, of Norfolk, Virginia, protests the terms of solicitation No. N00189-17-R-0050, issued by the Department of the Navy, Navy Supply Systems Command, for the procurement of a user-friendly web-enabled reverse auction tool. Fairwater alleges that the solicitation's requirements are insufficiently defined, and inadequate to promote a uniform and fair competition between non-incumbent contractors and the incumbent firm. We deny the protest.



B-414068.4, Synchrogenix Information Strategies, LLC, September 08, 2017

Wed, 13 Sep 2017 13:00:00 -0400

Synchrogenix Information Strategies, LLC, of Wilmington, Delaware, protests the terms of request for proposals (RFP) No. 16-223-SOL-00073, issued by the Department of Health and Human Services, Food and Drug Administration (FDA), as a small business set-aside for software licenses, maintenance and support, and other activities associated with implementing the Electronic Common Technical Document (eCTD) validation and review software. Synchrogenix primarily alleges that the agency should cancel the solicitation because, while the procurement was being conducted, the protester's size status changed from small to other than small, such that the agency no longer has a reasonable expectation of receiving offers from two small business concerns. We deny the protest.



B-413985.3, MHM Innovations, Inc.--Costs, September 07, 2017

Tue, 12 Sep 2017 13:00:00 -0400

MHM Innovations, Inc., of Fairfax, Virginia, requests that we recommend reimbursement of the reasonable costs it incurred in filing and pursuing a protest challenging the corrective action taken by the agency under request for quotations (RFQ) No. ID11160027, issued by the General Services Administration (GSA) for technical support services. MHM also requests reimbursement for proposal preparation costs. We deny the request.



B-414690,B-414690.2,B-414690.3, AAR Airlift Group, Inc., August 22, 2017

Tue, 12 Sep 2017 13:00:00 -0400

AAR Airlift Group, Inc., of Palm Bay, Florida, challenges the awards of indefinite-delivery, indefinite-quantity (IDIQ) contracts and associated task orders to Construction Helicopters, Inc. d/b/a CHI Aviation (CHI), of Howell, Michigan, and Columbia Helicopters, Inc., of Aurora, Oregon, by the Department of Defense (DOD), United States Transportation Command (USTRANSCOM) under request for proposals (RFP) No. HTC711-17-R-R001, for rotary wing aviation support for the United States Central Command (USCENTCOM). AAR argues that the agency ignored CHI and Columbia's noncompliance with the solicitation's eligibility requirements, failed to conduct meaningful and equal discussions, and unreasonably evaluated past performance. We dismiss the protest in part and deny the protest in part.



B-413523.10, Walden Security, August 31, 2017

Mon, 11 Sep 2017 13:00:00 -0400

Walden Security, of Chattanooga, Tennessee, protests the award of two 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 protester challenges the agency's past performance evaluation. We deny the protest.



B-414742, Sea Box, Inc., September 06, 2017

Thu, 07 Sep 2017 13:00:00 -0400

Sea Box, Inc., a small business of East Riverton, New Jersey, protests the award of a contract to Tribalco, LLC, of Bethesda, Maryland, under request for proposals (RFP) No. GSQ0017AJ0016, issued by the General Services Administration (GSA) for relocatable simulator shelters (RSS) for the Air Force Life Cycle Management Center Simulators Program Office and Air Force Special Operations Command (AFSOC) to house training devices. The protester argues that the agency was required to refer Sea Box's unacceptable proposal to the Small Business Administration (SBA) because the basis for eliminating Sea Box from the competition related to responsibility. The protester also asserts that the agency failed to provide proper notice of Sea Box's elimination from the competition, and failed to provide a pre-award notice regarding the award to Tribalco. We deny the protest.



B-414749,B-414749.2,B-414749.3, Addx Corporation, August 28, 2017

Wed, 06 Sep 2017 13:00:00 -0400

Addx Corporation, of Alexandria, Virginia, a small business, protests the award of a contract to Archetype II, LLC, of Herndon, Virginia, also a small business, by the Department of Energy (DoE) under request for proposals (RFP) No. DE-SOL-0008302.0000 for commercial professional management and analytical support services in six task areas to support the DoE Loan Programs Office (LPO), in Washington, D.C. and other to-be-specified locations. RFP at 8, 62. In an initial protest and two supplemental protests, Addx argues that DoE misevaluated the offerors' proposals, and made an unreasonable source selection decision. We deny the protest.



B-413703.9, LOUI Consulting Group, Inc., August 28, 2017

Wed, 06 Sep 2017 13:00:00 -0400

LOUI Consulting Group, Inc. (LOUI), of Warner Robbins, Georgia, protests the award of a task order to Systems Plus, Inc., of Rockville, Maryland, under request for quotations (RFQ) No. HT0015-16-R-0019, which was issued by the Department of Defense, Defense Health Agency (DHA), for clinical information systems training support services. The protester alleges that the agency's past performance evaluation and best-value tradeoff were flawed. We deny the protest.



B-414706,B-414380.2, The Boeing Company; Bombardier, Inc., August 25, 2017

Wed, 06 Sep 2017 13:00:00 -0400

The Boeing Company, of Arlington, Virginia, and Bombardier, Inc., of Quebec, Canada, protest the terms of the solicitation for contracts Nos. FA8620-16-G-3027 and FA8620-17-F-4757, which anticipate a sole-source award to L3 Technologies, Inc., of Greenville, Texas, for the re-host of the Compass Call system onto a new aircraft. The protesters argue that the proposed sole-source award is improper because: (1) it provides for an improper sole-source subcontract award for the re-host aircraft at the direction of the government; (2) it violates the terms of the National Defense Authorization Act (NDAA) for fiscal year (FY) 2017 with respect to the decision to select the aircraft; (3) it requires L3 to perform an inherently governmental function with respect to the selection of the aircraft; (4) it violates the prohibition on the award of a new lead systems integrator (LSI) contract; (5) the agency has not justified a sole-source award to L3; and (6) L3 has an organizational conflict of interest that prohibits that firm from receiving the award. We deny in part and dismiss in part the protests.



B-414641, FedResults, Inc., August 08, 2017

Wed, 06 Sep 2017 13:00:00 -0400

FedResults, Inc. (FedResults), of Reston, Virginia, protests the establishment of a blanket purchase agreement (BPA) with Cybermedia Technologies, Inc. (CTEC), of Reston, Virginia, by the Department of the Interior (DOI), under request for quotations (RFQ) No. RFQ1156958. The protester raises multiple challenges to the establishment of the BPA, including allegations that the agency's price evaluation was flawed and that the awardee's proposal failed to satisfy certain solicitation requirements.We deny the protest.



B-414752, Crosstown Courier Service, Inc., September 01, 2017

Tue, 05 Sep 2017 13:00:00 -0400

Crosstown Courier Service, Inc. (Crosstown), of Chicopee, Massachusetts, protests the award of a contract to FG Management Group (FGMG), of Maplewood, New Jersey, under request for quotations (RFQ) No. VA260-17-Q-0329, issued by the Department of Veterans Affairs (VA) for courier services. Crosstown challenges FGMG's compliance with applicable limitation on subcontracting requirements. We deny the protest.



B-414691,B-414691.2, Harmonia Holdings Group, LLC, August 17, 2017

Fri, 01 Sep 2017 13:00:00 -0400

Harmonia Holdings Group, LLC, of Blacksburg, Virginia, protests the issuance of a task order to Expression Networks, LLC, of Washington, D.C., under request for quotations (RFQ) No. 1184324, issued by the Department of Defense (DOD), Defense Information Systems Agency (DISA), for software engineering and information technology services. Harmonia challenges the agency's technical evaluation and source selection decision. We deny the protest.



B-329306, Bureau of Consumer Financial Protection: Amendments to Federal Mortgage Disclosure Requirements Under the Truth in Lending Act (Regulation Z), August 25, 2017

Thu, 31 Aug 2017 13:00:00 -0400

GAO reviewed the Bureau of Consumer Financial Protection's (Bureau) new rule on the amendments to the federal mortgage disclosure requirements under the Truth in Lending Act (Regulation Z). GAO found that (1) the final rule (a) modifies the federal mortgage disclosure requirements under the Real Estate Settlement Procedure Act (RESPA) and the Truth in Lending Act (TILA) that are implemented in Regulation Z; (b) memorializes the Bureau's informal guidance on various issues and makes additional clarifications and technical amendments; (c) creates tolerances for the total of payments; (d) adjusts a partial exemption mainly affecting housing finance agencies and nonprofits; (e) extends coverage of the TILA-RESPA integrated disclosure (integrated disclosure) requirements to all cooperative units; and (f) provides guidance on sharing the integrated disclosures with various parties involved in the mortgage origination process; and (2) the Bureau complied with the applicable requirements in promulgating the rule.



B-329324, Department of Health and Human Services, Centers for Medicare and Medicaid Services: 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 2018 Rates; Quality Reporting Requirements for Specific Providers; Medicare and Medicaid Electronic Health Record (EHR) Incentive Program Requirements for Eligible Hospitals, Critical Access Hospitals, and Eligible Professionals, August 25, 2017

Thu, 31 Aug 2017 13:00:00 -0400

GAO reviewed the Department of Health and Human Services, Centers for Medicare and Medicaid Services' (CMS) new rule on the Medicare Program; hospital inpatient prospective payment systems (IPPS) for acute care hospitals and the long-term care hospital prospective payment system and policy changes and fiscal year 2018 rates; quality reporting requirements for specific providers; Medicare and Medicaid Electronic Health Record (EHR) Incentive Program requirements for eligible hospitals, critical access hospitals, and eligible professionals; provider-based status of Indian Health Service (IHS) and tribal facilities and organizations; costs reporting and provider requirements; and agreement termination notices. GAO found that (1) the final rule (a) revises the Medicare hospital IPPS for operating and capital-related costs of acute care hospitals to implement changes arising from CMS's continuing experience with these systems for fiscal year (FY) 2018; (b) makes changes relating to the provider-based status of the IHS and tribal facilities and organizations and to the low-volume hospital payment adjustment for hospitals operated by the IHS or a tribe; (c) provides the market basket update that will apply to the rate-of-increase limits for certain hospitals excluded from the IPPS that are paid on a reasonable cost basis subject to these limits for FY 2018; (d) updates the payment policies and the annual payment rates for the Medicare prospective payment system (PPS) for inpatient hospital services provided by long-term care hospitals (LTCHs) for FY 2018; (e) establishes new requirements and revises existing requirements for quality reporting by specific Medicare providers (acute care hospitals, PPS-exempt cancer hospitals, LTCHs, and inpatient psychiatric facilities); (f) establishes new requirements or revising existing requirements for eligible professionals, eligible hospitals, and critical access hospitals participating in the Medicare and Medicaid Electronic Health Record Incentive Programs; (g) updates policies relating to the Hospital Value-Based Purchasing Program, the Hospital Readmissions Reduction Program, and the Hospital-Acquired Condition Reduction Program; and (h) makes changes relating to transparency of accrediting organization survey reports and plans of correction of providers and suppliers; electronic signature and electronic submission of the Certification and Settlement Summary page of the Medicare cost reports; and clarification of provider disposal of assets; and (2) CMS complied with applicable requirements in promulgating the rule.



B-414748,B-414748.3, SaxmanOne, LLC, August 22, 2017

Thu, 31 Aug 2017 13:00:00 -0400

SaxmanOne, LLC, of Manassas, Virginia, protests the award of a contract to Information Sciences Consulting, Inc. (ISCI), of Manassas, Virginia, under request for proposals (RFP) No. M95494-17-R-0002, issued by the United States Marine Corps for motorcycle safety training services. SaxmanOne argues that the agency misevaluated proposals and unreasonably found that ISCI was a responsible offeror. We deny the protest.



B-414743, Phoenix Environmental Design, Inc., August 30, 2017

Wed, 30 Aug 2017 13:00:00 -0400

Phoenix Environmental Design, Inc., of Newman Lake, Washington, protests the terms of request for quotations (RFQ) No. 1193852, which was issued by the Department of the Interior, U.S. Fish and Wildlife Service, for herbicide and related products. The protester alleges that the agency violated multiple provisions of Federal Acquisition Regulation (FAR) subpart 8.4 and improperly issued the solicitation to holders of General Services Administration (GSA) Federal Supply Schedule (FSS) 51V--hardware superstore contracts. We deny the protest.



B-329286, Department of Health and Human Services, Centers for Medicare & Medicaid Services: Medicare Program; FY 2018 Hospice Wage Index and Payment Rate Update and Hospice Quality Reporting Requirements, August 17, 2017

Wed, 30 Aug 2017 13:00:00 -0400

GAO reviewed the Department of Health and Human Services, Centers for Medicare & Medicaid Services' (CMS) new rule on the Medicare Program fiscal year 2018 hospice wage index and payment rate update and hospice quality reporting requirements. GAO found that (1) the final rule (a) updates the hospice wage index, payment rates, and cap amount for fiscal year (FY) 2018; and (b) includes new quality measures and provides an update on the hospice quality reporting program; and (2) with the exception of the 60-day delay in effective date requirement, CMS complied with applicable requirements in promulgating the rule.