Reports News from the GAO http://www.gao.gov/legal/ Wed, 08 Feb 2012 17:33:51 -0500 GAO http://www.gao.gov/images/title_object.jpg http://www.gao.gov/ Feed provided by GAO. Click to visit. http://www.gaonet.gov/products/B-406067?source=ra Harris IT Services Corporation, of Dulles, Virginia, protests the General Services Administration’s (GSA) award of a task order under request for quotations (RFQ) No. 4QBA57113850, issued under the GSA Alliant Government Wide Acquisition Contract, to General Dynamics, One Source, of Fairfax, Virginia for the provision of information technology (IT) support services to the Air Force Reserve Command (AFRC). Harris argues that the agency’s evaluation of its quotation was unreasonable.We deny the protest. Wed, 08 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405199.3?source=ra Integrity Consulting Engineering and Security Solutions, LLC (ICESS), of Frederick, Maryland, protests the amended terms of request for proposals (RFP) No. N62583-10-R-0360, issued by the Department of the Navy for program management, technical, and integrated services in support of the Navy’s Anti-terrorism Force Protection Ashore program.The protest is denied. Wed, 08 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-406075?source=ra FitNet Purchasing Alliance, a small business located in Saint Augustine, Florida, protests the terms of request for quotations (RFQ) No. W911RZ-12-T-0001, issued by the Department of the Army for a reverse auction among vendors holding Federal Supply Schedule (FSS) contracts for fitness equipment. FitNet argues that this requirement should be set aside for small businesses.We dismiss the protest. Tue, 07 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405930?source=ra Concepts & Strategies, Inc. (ConStrat), of Washington, D.C., the incumbent contractor for the requirements at issue, protests the General Services Administration’s (GSA) evaluation and source selection activities leading to the award of a contract to CACI, Inc.-Federal, of Chantilly, Virginia, under request for proposals (RFP) No. 4QDS97110075. This solicitation sought proposals to provide information and media support services for the U.S. Central Command (USCENTCOM) Communication Information Directorate (CCCI) at MacDill Air Force Base, Florida. ContStrat asserts that the agency improperly evaluated CACI’s and ConStrat’s proposals with regard to technical capability and past performance.We deny the protest. Tue, 07 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-406036?source=ra Honeywell Technology Solutions, Inc., of Columbia, Maryland, protests the award of a contract to Textron, Inc., of New Orleans, Louisiana, by the Department of the Army under request or proposals (RFP) No. W56HZV-10-R-0562 for repair and refurbishment of M1117 armored security vehicles (ASV). Honeywell challenges the evaluation of proposals and source selection decision.We deny the protest. Tue, 07 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-406025?source=ra Integrated Science Solutions, Inc. (ISSi), of Walnut Creek, California, protests the National Aeronautics and Space Administration’s (NASA) decision to cancel the order awarded to ISSi, and reevaluate the quotations that were received in response to request for quotations (RFQ) No. NND10348201R, for environmental consulting services.We deny the protest. Mon, 06 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405101.3,B-405101.4,B-405101.5?source=ra STG, Inc., of Reston, Virginia, protests the issuance of a task order to General Dynamics Information Technology, Incorporated (GDIT) by the Department of the Army under request for task order proposals (RFTOP) No. WT4G3U01630001 for command, control, communications, and computer information (C4I) operations and maintenance services in support of the United States Forces Korea mission. STG argues that the Army misevaluated both its and GDIT’s final revised proposals, held misleading discussions with STG, failed to conduct a reasonable cost/price realism analysis, and made an unreasonable source selection decision. We deny the protest. Mon, 06 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405961.2,B-405961.4?source=ra National Fatherhood Initiative (NFI), of Germantown, Maryland, protests the award of a contract to Fathers Incorporated, of Albany, New York, under request for proposals (RFP) No. 11-233-SOL-00430 issued by the Department of Health and Human Services (HHS) for the operation of the National Responsible Fatherhood Clearinghouse (NRFC). The protester alleges that the agency improperly evaluated the awardee’s proposal.We deny the protest. Mon, 06 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405718,B-405718.2?source=ra Science Applications International Corporation (SAIC), of McLean, Virginia, protests the issuance of a task order to MacAulay-Brown, Inc., (MBI) of Dayton, Ohio, under request for proposals (RFP) No. FA0021-11-R-0007, issued by the Department of the Air Force for intelligence processing, exploitation, and dissemination (PED) support. SAIC argues that the Air Force failed to reasonably consider that MBI may have an organizational conflict of interest (OCI) and misevaluated the firms’ technical proposals.We deny the protest. Mon, 06 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405659,B-405659.2,B-405659.3?source=ra CAE USA Inc., of Orlando, Florida, protests the award of a contract to Science Applications International Corporation (SAIC), of San Diego, California, under request for proposals (RFP) No. W900KK-11-R-0002, issued by the Department of the Army for support of the Army’s Synthetic Environment Core, Common Virtual Environment Management (SE Core CVEM) program.We deny the protest. Mon, 06 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405548?source=ra Bannum, Inc., of Odessa, Florida, protests the award of a contract to Dismas Charities, Inc., of Louisville, Kentucky, under request for proposals (RFP) No. 200-1100-NCR, issued by the Department of Justice, Federal Bureau of Prisons (BOP) for residential reentry center services. Bannum maintains the agency applied an unstated factor in evaluating its proposal.We deny the protest. Mon, 06 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405993,B-405993.2?source=ra Booz Allen Hamilton, Inc. (BAH), of McLean, Virginia, protests the award of a contract to VSE Corporation, of Alexandria, Virginia, under request for proposals (RFP) No. N00024-10-R-4204, issued by the Department of the Navy, Naval Sea Systems Command (NAVSEA), for follow-on technical support (FOTS) and ship transfer services in support of U.S. ships bought, leased, or transferred through the foreign military sales (FMS) program. BAH asserts that the agency’s evaluation of offerors’ proposals and subsequent source selection decision were unreasonable.We deny the protest. Thu, 02 Feb 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-404910.4,B-404910.5,B-404910.6,B-404910.9,B-404910.10?source=ra AdvanceMed Corporation, of Baltimore, Maryland, and TrustSolutions, LLC, of Milwaukee, Wisconsin, protest the award of a contract to Cahaba Safeguard Administrators, LLC, of Birmingham, Alabama, under request for proposals (RFP) No. RFP-CMS-2009-0014, issued by the Department of Health and Human Services,Centers for Medicare and Medicaid Services (CMS), for zone program integrity contractor (ZPIC) services. The protesters argue that the agency failed to reasonably evaluate organizational conflicts of interest (OCI) concerning the awardee, unreasonably evaluated the offerors’ cost and technical proposals, and made an unreasonable award decision. In addition, AdvanceMed argues that the agency misled it during discussions.We deny the protests. Tue, 31 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405608?source=ra ITT Electronic Systems Radar, Reconnaissance & Acoustic Systems, of Van Nuys, California, protests the Department of the Air Force’s award of a contract to Northrop Grumman Systems Corporation, of Herndon, Virginia, pursuant to request for proposals (RFP) No. FA8730-10-R-0002, to provide deployable instrument landing systems (D-ILS) for ILS-equipped aircraft at remote locations. ITT protests various aspects of the agency’s source selection process, including the agency’s evaluation under each of the three evaluation factors. We deny the protest. Tue, 31 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/GAO-12-398R?source=ra GAO reviewed the Commodity Futures Trading Commission's (Commission) new rule on swap data recordkeeping and reporting requirements. GAO found that (1) the final rule implements the Commodity Exchange Act (“CEA” or “Act”) relating to swap data recordkeeping and reporting requirements. These sections of the CEA were added by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The rules being adopted apply to swap data recordkeeping and reporting requirements for swap data repositories, derivatives clearing organizations, designated contract markets, swap execution facilities, swap dealers, major swap participants, and swap counterparties who are neither swap dealers nor major swap participants. The recordkeeping and reporting requirements of this rule further the goals of the Dodd-Frank Act to reduce systemic risk, increase transparency, and promote market integrity within the financial system; and (2) Commission complied with applicable requirements in promulgating the rule. Fri, 27 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/GAO-12-397R?source=ra GAO reviewed the Department of Transportation, Federal Motor Carrier Safety Administration's (FMCSA) new rule on the hours of service of drivers. GAO found that (1) the final rule revises the hours of service (HOS) regulations to limit the use of the 34-hour restart provision to once every 168 hours and to require that anyone using the 34-hour restart provision have as part of the restart two periods that include 1 a.m. to 5 a.m. It also includes a provision that allows truckers to drive if they have had a break of at least 30 minutes, at a time of their choosing, sometime within the previous 8 hours. This rule does not include a change to the daily driving limit because FMCSA is unable to definitively demonstrate that a 10-hour limit—which it favored in the notice of proposed rulemaking (NPRM)—would have higher net benefits than an 11-hour limit. The current 11-hour limit is, therefore, unchanged at this time. The 60- and 70-hour limits are also unchanged. The purpose of the rule is to limit the ability of drivers to work the maximum number of hours currently allowed, or close to the maximum, on a continuing basis to reduce the possibility of driver fatigue. FMCSA notes that long daily and weekly hours are associated with an increased risk of crashes and with the chronic health conditions associated with lack of sleep. These changes will affect only the small minority of drivers who regularly work the longer hours; and (2) FMCSA complied with applicable requirements in promulgating the rule. Fri, 27 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/GAO-12-379R?source=ra GAO reviewed the Department of Health and Human Services (HHS), Office of the Secretary's new rule on adoption of standards for health care electronic funds transfers (EFTs) and remittance advice. GAO found that (1) the interim final rule with comment period implements parts of section 1104 of the Affordable Care Act which requires the adoption of a standard for EFTs. The rule defines EFT and explains how the adopted standards support and facilitate health care EFT transmissions; and (2) HHS complied with applicable requirements in promulgating the rule. Fri, 27 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405692?source=ra HP Enterprise Services, LLC, of Herndon, Virginia, protests the Department of the Air Force’s issuance of a task order to L-3 Services, Inc., of Reston, Virginia, pursuant to request for proposals No. FA5613-11-R-0009 (GSA e-Buy request for quotations 568808), for healthcare information management and information technology support services. The protester contends that the agency improperly excluded its quotation from consideration for award.We deny the protest. Fri, 27 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/GAO-12-391R?source=ra GAO reviewed the Department of Veterans Affairs' (VA) new rule on changes to the subsistence allowance of the Vocational Rehabilitation and Employment Program. GAO found that (1) the final rule adopts as final, without change, the interim final rule effective August 1, 2011, amending VA regulations that affect payment of vocational rehabilitation benefits for certain service-disabled veterans to reflect changes made by the Post-9/11 Veterans Educational Assistance Improvements Act of 2010. Under the final rule, a veteran, who is eligible for a subsistence allowance under chapter 31 of title 38 of the United States Code, and educational assistance under chapter 33 of title 38 of the United States Code, may participate in a rehabilitation program under chapter 31 and elect to receive a payment equal in amount to an applicable military housing allowance payable under title 37, United States Code, instead of the regular subsistence allowance under chapter 31. In addition, the final rule discontinues payments of subsistence allowances during periods between school terms and modifies payments made during periods of temporary school closings; and (2) VA complied with the applicable requirements in promulgating the rule. Thu, 26 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-406092?source=ra 3D Contracting, Inc./Western States Construction JV, of Castle Rock, Washington, protests the award of a contract to Kevcon, Inc., of Escondido, California, under invitation for bids (IFB) No. VA-260-11-IB-1124 issued by the Department of Veterans Affairs (VA) for construction services. 3D/Western argues that the VA improperly rejected its bid because it was not listed in the VA’s database of veteran-owned small business concerns.We dismiss the protest. Thu, 26 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-406040?source=ra The Argos Group, LLC, of Washington, DC, protests the terms of solicitation No. ONY2508 (Hudson Valley), issued by the General Services Administration (GSA) for leased space for the Federal Bureau of Investigation in the vicinity of Hudson Valley, New York. Argos argues that GSA improperly excluded the 10 percent price evaluation preference provision mandated by the Historically Underutilized Business Zone Act of 1997 (HUBZone Act), Pub. L. No. 105-135, §§ 601-607, 111 Stat. 2592, 2627-36 (codified at 15 U.S.C. § 657a (2010), as set forth in Federal Acquisition Regulation (FAR) clause 52.219-4.We sustain the protest. Thu, 26 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405989,B-405989.3?source=ra Meadowgate Technologies, LLC, of Trenton, New Jersey, protests the award of a contract to NCS Technologies Incorporated, of Gainesville, Virginia, under request for proposals (RFP) No. HSTS03-11-R-CIO314, issued by the Department of Homeland Security, Transportation Security Administration (TSA), for desktop and tablet computers and other computer hardware. Meadowgate challenges the agency’s evaluation of NCS’s past performance and selection decision.We deny the protest. Thu, 26 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405921,B-405921.2?source=ra SeKON Enterprise, Inc., of Herndon, Virginia, and Signature Consulting Group, of Windsor Hill, Maryland, protest the award of a contract to Tantus Technologies, Inc., of Washington, D.C., under request for proposals (RFP) No. RFP-CMS-2011-8a-0020, issued by the Department of Health & Human Services, Centers for Medicare & Medicaid Services (CMS), for technical and program management support services for the agency’s Financial Management Systems Group.We sustain the protests in part and deny them in part. Thu, 26 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405941?source=ra Defense Product Solutions (DPS), of Century City, California, protests the Department of the Army’s award of a contract to Polaris Sales, Inc., of Medina, Minnesota, under solicitation No. W56HZV-11-R-G210, for all terrain vehicles (ATVs), trailers, and spare parts. DPS asserts that the agency unreasonably evaluated its proposal under the delivery and small business participation factors. We deny the protest. Thu, 26 Jan 2012 12:00:00 -0500 http://www.gaonet.gov/products/B-405864?source=ra R2Sonic, LLC, of Santa Barbara, California, protests the terms of request for quotations (RFQ) No. W912DW-11-Q-0194, issued by the U.S. Army Corps of Engineers, Seattle District for acoustic hydrographic multibeams. Specifically, the protester objects to language in the solicitation requiring that the multibeams’ processors be located at the vessel’s topside.We deny the protest. Thu, 26 Jan 2012 12:00:00 -0500