Reports News from the GAO http://www.gao.gov/legal/ Tue, 22 May 2012 04:02:43 -0400 GAO http://www.gao.gov/images/title_object.jpg http://www.gao.gov/ Feed provided by GAO. Click to visit. http://www.gao.gov/products/B-405552.2?source=ra Shaka, Inc., of Jeannette, Pennsylvania, requests that we recommend that it be reimbursed in the amount of $22,275 for its costs of filing and pursuing its protest challenging the rejection of its bid by the Department of the Army, U.S. Army Corps of Engineers under invitation for bids (IFB) No. W911WN-11-B-0003, for the replacement of bridge bearings and related services on the Emsworth Locks and Dam main channel service bridge on the Ohio River in Pennsylvania.We recommend reimbursement in the requested amount of $22,275, plus Shaka’s costs of pursuing this claim at our Office. Mon, 21 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-405602.3?source=ra First Information Technology Services, Inc. (FITS), of Arlington, Virginia, requests reconsideration of our December 1, 2011 decision denying its protest against the award of a contract to Knowledge Consulting Group, Inc. (KCG), of Reston, Virginia, under request for proposals (RFP) No. HSTS03-11-R-CIO556, issued by the Department of Homeland Security, Transportation Security Administration (TSA), for information technology security support services.We deny the request for reconsideration. Thu, 17 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-406350,B-406350.2?source=ra Cygnus Corporation of Rockville, Maryland, protests the decision of the Department of Health and Human Services (HHS) to issue task orders for scientific, professional, and technical support services for the National Institute of Allergy and Infectious Diseases (NIAID), located in Bethesda, Maryland, and Hamilton, Montana, under a National Institutes of Health (NIH) requirements contract (Contract No. HHSN-271-2010-00005I (Requirements Contract)), which NIH has with Kelly Services, Inc., a large business. Cygnus, a small business concern, complains that NIAID improperly canceled request for proposals (RFP) No. NIHAO2011061 (NIAID RFP), which the agency had issued for these same services, without coordinating with the Small Business Administration (SBA). Cygnus also contends that the task orders are outside the scope of the requirements contract.We deny the protest in part and dismiss it in part. Thu, 17 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-406230.3?source=ra Business Computer Applications, Inc. (BCA), of Atlanta, Georgia, protests the cancellation of request for task order proposals (RFTOP) No. 2011-IM-0005, issued by the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS), to provide information management services on a level of effort basis to support the National Center for Chronic Disease Prevention and Health Promotion (NCCDPHP). BCA also protests the placement of a order with Northrop Grumman under that firm’s Federal Supply Schedule (FSS) contract to provide staffing support until an award is made under a revised solicitation for these services.We deny the protest. Wed, 16 May 2012 13:00:00 -0400 http://www.gao.gov/products/GAO-12-716R?source=ra GAO reviewed the Department of Agriculture, Food and Nutrition Service's (FNS) new rule on certification of compliance with meal requirements for the National School Lunch Program under the Healthy, Hunger-Free Kids Act of 2010. GAO found that (1) the interim final rule amends National School Lunch Program (NSLP) regulations to conform to requirements contained in the Healthy, Hunger-Free Kids Act of 2010 (HHFKA) regarding performance-based cash assistance for school food authorities certified compliant with meal pattern and nutrition standards. The interim rule requires state agencies to certify participating school food authorities (SFAs) that are in compliance with meal pattern and nutrition standard requirements as eligible to receive performance-based cash assistance for each reimbursable lunch served (an additional six cents per lunch available beginning October 1, 2012, and adjusted annually thereafter). The interim rule also requires state agencies to disburse performance-based cash assistance to certified SFAs, and withhold the performance-based cash assistance if the SFA is determined to be out of compliance with meal pattern or nutrition standards during a subsequent administrative review. The intended effect of the interim rule is to provide additional funding for SFAs to implement new meal pattern requirements, thus increasing the healthfulness of meals served to school children; and (2) FNS complied with applicable requirements in promulgating the rule. Tue, 15 May 2012 13:00:00 -0400 http://www.gao.gov/products/GAO-12-714R?source=ra GAO reviewed the Department of Health and Human Services, Centers for Medicare & Medicaid Services' (CMS) new rule on changes in Medicare and Medicaid Programs' provider and supplier enrollment, ordering and referring, and documentation requirements; and changes in provider agreements. GAO found that (1) the final rule requires all providers of medical or other items or services and suppliers that qualify for a National Provider Identifier (NPI) to include their NPI on all applications to enroll in the Medicare and Medicaid programs and on all claims for payment submitted under the Medicare and Medicaid programs. In addition, it requires physicians and other professionals who are permitted to order and certify covered items and services for Medicare beneficiaries to be enrolled in Medicare. Finally, it mandates document retention and provision requirements on providers and suppliers that order and certify items and services for Medicare beneficiaries; and (2) CMS complied with the applicable requirements in promulgating the rule. Fri, 11 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-406228.2?source=ra Kingdomware Technologies, Inc., of Waldorf, Maryland, a service-disabled veteran-owned small business (SDVOSB) concern, requests that we recommend that it be reimbursed the costs of filing and pursuing its protest challenging the Department of Veterans Affairs’ (VA) issuance of a purchase order (No. 679-C25041) to LiveProcess Corporation, of Verona, New Jersey, under LiveProcess’ General Services Administration Federal Supply Schedule contract.We deny the request. Fri, 11 May 2012 13:00:00 -0400 http://www.gao.gov/products/GAO-12-702R?source=ra GAO reviewed the Department of State's (State) new rule on schedule of fees for consular services, Department of State and overseas embassies and consulates. GAO found that (1) what the interim final rule amends the Schedule of Fees for consular services (Schedule) for nonimmigrant visa application processing fees, border crossing card application processing fees, and immigrant visa application processing fees. The rule increases from $140 to $160 the fee charged for the processing of an application for most non-petition-based nonimmigrant visas (Machine-Readable Visas or MRVs) and Border Crossing Cards (BCCs) for Mexican citizens age 15 and over. The rule also provides amended application processing fees for certain categories of petition-based nonimmigrant visas and treaty trader and investor visas (all of which are also MRVs), as well as amended tiered application processing fees for immigrant visas. Finally, the rule increases from $14 to $15 the BCC fee charged to Mexican citizen minors who apply in Mexico, and whose parent or guardian already has a BCC or is applying for one, based on a congressionally mandated surcharge that took effect since the last adjustment to the Schedule of Fees; and (2) State complied with applicable requirements in promulgating the rule. Thu, 10 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-406337,B-406337.2?source=ra NSR Solutions, Inc., of Rockville, Maryland, protests the exclusion of its proposal from the competitive range under request for proposals (RFP) No. NNJ11373245R, issued by the National Aeronautics and Space Administration (NASA) for custodial services at three NASA facilities (the Johnson Space Center, Ellington Field, and the Sonny Carter Training Facility) in Houston, Texas. The protester argues that the evaluation of its proposal was unreasonable.We deny the protest. Thu, 10 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-406326,B-406326.2,B-406326.3?source=ra Unisys Corporation (UC), of Reston, Virginia, protests the award of a task order by the Department of Health and Human Services, Center for Disease Control (CDC) to HP Enterprise Services, LLC (HP) pursuant to request for task order proposals (RFTOP) No. 2011-IT-0027 to provide information technology (IT) support services for CDC. UC asserts that the agency conducted misleading and/or unequal discussions, that the agency misevaluated various aspects of HP’s and UC’s proposals, and that the agency’s source selection process did not reasonably lead to the source selection decision.We deny the protest. Tue, 08 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-406466,B-406467?source=ra Estrategy Inc., of North Kansas City, Missouri, protests the decision by the Department of Veterans Affairs (VA) to cancel request for proposals (RFP) No. VA-255-12-R-0205 and resolicit for transportation services for the 26th Annual National Veterans Golden Age Games (NVGAG). The protester contends that the agency lacked a reasonable basis for canceling the solicitation.We deny the protest in part and dismiss it in part. Fri, 04 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-406201,B-406201.2?source=ra The Dixon Group, Inc., of Washington, D.C., protests the decision of the Department of Health and Human Services, National Institutes of Health, National Institute of Allergy and Infectious Diseases (NIAID) to exclude Dixon’s quotation from further consideration under request for quotations (RFQ) No. NIHAI2011133, for meeting and technical support services.We deny the protest. Thu, 03 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-405736,B-405736.2?source=ra SGT, Inc., of Greenbelt, Maryland, protests the award of a contract to Honeywell Technology Solutions, Inc., of Columbia, Maryland, under request for proposals (RFP) No. NNG10315881R, issued by the National Aeronautics and Space Administration (NASA) for ground systems and mission operations services at Goddard Space Flight Center. SGT maintains that the agency misevaluated proposals and made an unreasonable source selection decision.We deny the protest. Wed, 02 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-403713.6?source=ra MicroTechnologies, LLC (Microtech), of Vienna, Virginia, protests the elimination from the competitive range of the proposal it submitted in response to the Department of Veterans Affairs (VA) request for proposals (RFP) No. VA-118-10-RP-0052, for information technology (IT) services. Microtech asserts that the agency misevaluated its proposal.We deny the protest. Wed, 02 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-403912.4,B-403912.5,B-403912.6,B-403912.9?source=ra Metropolitan Interpreters and Translators, Inc., of New York, New York, protests the award of a contract to AllWorld Language Consultants, Inc., of Rockville, Maryland, under request for proposals (RFP) No. DJD-10-R-0004, issued by the United States Department of Justice, Drug Enforcement Administration (DEA), for linguist services. Metropolitan asserts that the agency’s discussions with Metropolitan were unequal as compared to the agency’s discussions with other offerors, misleading, and not meaningful. Metropolitan also challenges the agency’s best value determination and the agency’s evaluation of Metropolitan’s proposal, AllWorld’s proposal, and the proposal of a third offeror, MVM, Inc., of Ashburn, Virginia.We deny the protest. Tue, 01 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-403912.3?source=ra MVM, Inc., of Ashburn, Virginia, protests the award of a contract to AllWorld Language Consultants, Inc., of Rockville, Maryland, under request for proposals (RFP) No. DJD-10-R-0004, issued by the United States Department of Justice, Drug Enforcement Administration (DEA), for linguist services. MVM challenges certain aspects of the agency’s evaluation of AllWorld’s technical proposal and pricing and asserts that the agency conducted unequal and misleading discussions. MVM also challenges the agency’s best value determination.We deny the protest. Tue, 01 May 2012 13:00:00 -0400 http://www.gao.gov/products/B-406325,B-406325.2,B-406325.3?source=ra CH2M Hill Antarctic Support, Inc., of Englewood, Colorado, protests the award of a contract to Lockheed Martin Information Systems & Global Solutions, of Gaithersburg, Maryland, under request for proposals (RFP) No. DACS08P2215, issued by the National Science Foundation (NSF), for support of the United States Antarctic Program (USAP). The protester argues that the agency’s evaluation of its technical proposal was unreasonable, that the agency conducted unequal discussions with the awardee, and that the selection decision was flawed. We deny the protest. Mon, 30 Apr 2012 13:00:00 -0400 http://www.gao.gov/products/B-405932.3?source=ra LGS Innovations LLC requests that we recommend that it be reimbursed the costs of filing and pursuing its protests challenging the Department of the Army’s issuance of delivery order No. W91QUZ-06-D-0021/0009 to AT&T Government Solutions for infrastructure modernization at the Wiesbaden, Germany Command Battle Center (CBC).We deny the request. Fri, 27 Apr 2012 13:00:00 -0400 http://www.gao.gov/products/GAO-12-667R?source=ra GAO reviewed the Commodity Futures Trading Commission's (Commission) new rule on customer clearing documentation, timing of acceptance for clearing, and clearing member risk management. GAO found that (1) the final rule implements new statutory provisions enacted by title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which amended the Commodity Exchange Act (CEA). These rules address: the documentation between a customer and a futures commission merchant that clears on behalf of the customer; the timing of acceptance or rejection of trades for clearing by derivatives clearing organizations and clearing members; and the risk management procedures of futures commission merchants, swap dealers, and major swap participants that are clearing members. The rules are designed to increase customer access to clearing, to facilitate the timely processing of trades, and to strengthen risk management at the clearing member level; (2) the Commission complied with the applicable requirements in promulgating the rule. Wed, 25 Apr 2012 13:00:00 -0400 http://www.gao.gov/products/GAO-12-668R?source=ra GAO reviewed the Department of Health and Human Services, Centers for Medicare & Medicaid Services' (CMS) new rule on changes to the Medicare Advantage and the Medicare prescription drug benefit programs for contract year 2013 and other changes. GAO found that (1) this final rule with comment period revises the Medicare Advantage (MA) program (Part C) regulations and prescription drug benefit program (Part D) regulations to implement new statutory requirements, strengthen beneficiary protections, exclude plan participants that perform poorly, improve program efficiencies, and clarify program requirements. It also responds to public comments regarding the long-term care facility conditions of participation pertaining to pharmacy services; and (2) CMS complied with applicable requirements in promulgating the rule. Wed, 25 Apr 2012 13:00:00 -0400 http://www.gao.gov/products/B-406336?source=ra Crosstown Courier Service, Inc., of Chicopee, Massachusetts, a service-disabled veteran-owned small business (SDVOSB) concern, protests the proposed issuance of a task order to Medical Logistic Solutions, Inc. (MLS), of Centennial, Colorado (which also is an SDVOSB concern), under MLS’s Federal Supply Schedule contract pursuant to request for quotations (RFQ) No. VA261-12-Q-0379, issued by the Department of Veterans Affairs (VA) for courier services to transport biological samples from three community-based outpatient clinics (OPCs) to the VA Medical Center in Sacramento, California. Crosstown asserts that the agency improperly failed to comply with the requirements of the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128 (2006) (the VA Act), and its implementing regulations.We deny the protest. Tue, 24 Apr 2012 13:00:00 -0400 http://www.gao.gov/products/B-406368?source=ra PN&A, Inc., of Westerville, Ohio, protests the award of a contract by the Department of Energy, National Nuclear Security Administration (NNSA) to the Center for Professional Development, Inc. (CPD), of Oakland, California, under request for quotations (RFQ) No. DE-SOL-0003482 to provide leadership and development support in order to advance the new OneLeadership and Development Initiative (OLI) for NNSA’s workforce.We deny the protest. Tue, 24 Apr 2012 13:00:00 -0400 http://www.gao.gov/products/B-406314,B-406314.2?source=ra The Kenjya Group, Inc., of Columbia, Maryland, and Academy Solutions Group, LLC, of Columbia, Maryland, protest the award of a contract to Advantage Engineering & IT Solutions, Inc., of Eldersburg, Maryland, by the Maryland Procurement Office, National Security Agency (NSA) under request for proposals (RFP) No. H98230-11-R-2032 for enterprise management and support (EM&S) services at Fort Meade, Maryland. The protesters allege that the agency unreasonably rejected their proposals as technically unacceptable.We deny the protests. Tue, 24 Apr 2012 13:00:00 -0400 http://www.gao.gov/products/B-406331,B-406391?source=ra Aldevra, of Portage, Michigan, a service-disabled veteran-owned small business (SDVOSB) concern, protests the terms of solicitation Nos. 554-12-2-081-0038 and VA-248-12-Q-0823, issued by the Department of Veterans Affairs (VA) for, respectively, refrigerators for the Eastern Colorado Healthcare System, Denver, Colorado, and for miscellaneous kitchen equipment for the North Florida/South Georgia Veterans Health System. The protester asserts that the agency improperly failed to comply with the requirement of the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128 (2006) (the VA Act), and its implementing regulations to determine whether these procurements should be set aside for SDVOSB (or veteran-owned small business (VOSB)) concerns.We sustain the protests. Mon, 23 Apr 2012 13:00:00 -0400 http://www.gao.gov/products/B-405910.6?source=ra DRIVE Developments, Inc., of Clarkston, Michigan, protests the elimination of its proposal from the competitive range under request for proposals (RFP) No. W56HZV-11-R-0155, issued by the Department of the Army, for a pilot condition-based maintenance (CBM) program for Army vehicles. DRIVE argues that the agency's evaluation of DRIVE’s proposal was unreasonable and was the result of bias against DRIVE.We deny the protest. Fri, 20 Apr 2012 13:00:00 -0400