Blog 110 Post - Award Protest Against Dept of Interior and USAF for RFQ USAFCENT_Al_Jaber_Turnkey Incirlic Air Base

9/26/2015 58DOI LMR Purchase Pursant to Class/Brand Name J&As USAFCENT_Al_Jaber_Turnkey Federal Business Opportunities: Opportunities ROBERTO ACOSTA VIOLATED FAR 19.202-2, 19.202-4, FAR 5.202, CICA, THE SMALL BUSINESS ACT AND FAILED TO FILL OUT THE NEW DD FORM 2579 SMALL BUSINESS CORDINATION RECORD THE USAF AND DEPT OF INTERIOR ARE HARMING SDVOSB OPPORTUNITIES. Welcome, Business Development Officer Accessibility User Guide Logout 58DOI LMR Purchase Pursant to Class/Brand Name J&As Solicitation Number: USAFCENT_Al_Jaber_Turnkey Agency: Department of the Interior Office: Interior Business Center Location: AQD Washington D.C. Print Link Packages Interested Vendors List Notice Details GENERAL INFORMATION Original Synopsis Sep 25, 2015 3:07 pm Return To Opportunities List Notice Type: Award Notice Posted Date: September 25, 2015 Solicitation Number: USAFCENT_Al_Jaber_Turnkey Notice Type: Award Notice Response Date: Contract Award Date: September 25, 2015 Archiving Policy: Automatic, 15 days after award date Contract Award Number: D15PC00212 Archive Date: October 10, 2015 Contract Award Dollar Amount: $3,429,230.09 Original Set Aside: N/A Contractor Awarded DUNS: 166665245 Set Aside: N/A Classification Code: 58 Communication, detection, & coherent radiation equipment Contractor Awardee: TRIBALCO, LLC 4915 SAINT ELMO AVE STE 501 BETHESDA MD 208146029 US NAICS Code: 334 Computer and Electronic Product Manufacturing/334220 Radio and Television Broadcasting and Wireless Communications Equipment Manufacturing Synopsis: Added: Sep 25, 2015 3:07 pm USAFCENT has a requirement to procure brand name Land Mobile Radio equipment and support for AlJaber Air Base, Kuwait. Contracting Office Address: DOI, Interior Business Center Acq Services Directorate, Div 3 354 S Highway 92 Sierra Vista AZ 85635 US Point of Contact(s): Acosta, Roberto https://www.fbo.gov/index?s=opportunity&mode=form&id=714e0f20256ef81ad073a49184b51ed0&tab=core&_cview=0 1/2

9/26/2015 58DOI LMR Purchase Pursant to Class/Brand Name J&As USAFCENT_Al_Jaber_Turnkey Federal Business Opportunities: Opportunities Return To Opportunities List User Guide For Help: Federal Service Desk Accessibility https://www.fbo.gov/index?s=opportunity&mode=form&id=714e0f20256ef81ad073a49184b51ed0&tab=core&_cview=0 2/2

9/24/2015 FormInfo_new Form Information For assistance see FAQs and Downloading Instructions FORM NUMBER: DD2579 TITLE: SMALL BUSINESS COORDINATION RECORD EDITION DATE: 20150801 CANCELLATION DATE: FORMATS: PLEASE BE ADVISED: DOWNLOAD FORM No link under "FORMATS:" indicates no electronic format is available. To obtain copies of forms, contact YOUR Military Service or Component Forms Manager click here. Cancelled forms are not available. REMARKS: ISSUANCES: DFARS PGI 253219.70 SPONSOR / POC: AT&L SUBSPONSOR: DPAP/DARS NUMBER OF PAGES: 1 USERS*: A N AF DCMA PRESCRIBED OR ADOPTED?: P DISPOSITION: O SUBJECT GROUP: 4205 FORM CONTROLLED: N MANDATORY PRINT SPECIFICATIONS: N RCS: IRCN: OMB: PRIVACY ACT IMPLICATIONS: N * All revisions and/or cancellations must be coordinated through these USERS. DISPOSITION: O = Do NOT use previous edition. U = Use previous edition until supply is depleted. http://www.dtic.mil/whs/directives/forms/forminfo/forminfopage1959.html 1/1

SMALL BUSINESS COORDINATION RECORD (See DFARS PGI 253.219-70 for form completion instructions.) 2. PURCHASE REQUEST/ REQUISITION NO. 3. TOTAL ESTIMATED VALUE (With options) b. PIID 2 (If applicable) 1. CONTROL NO. (Optional) 4a. PIID 5. SUPPLEMENTARY PIID b. DODAAC c. OFFICE SYMBOL 6a. CONTRACTING OFFICER NAME (Last, First, Middle Initial) d. EMAIL ADDRESS e. TELEPHONE NUMBER(Include Area Code) 7a. ITEM AND/OR SERVICE DESCRIPTION b. PRODUCT OR SERVICE CODE c. NAICS CODE d. SIZE STANDARD 8. PERIOD OF PERFORMANCE/DELIVERY DATES (Including options) 9. PURPOSE OF COORDINATION (X one) Initial Coordination Withdrawal Change 10. RECOMMENDATION (X all that apply) a. SMALL BUSINESS SET-ASIDE (X one) b. SECTION 8(a) (X one) 100% Partial % Competitive d. SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) (X one) Sole Source c. HISTORICALLY UNDERUTILIZED BUSINESS ZONE (HUBZone) SMALL BUSINESS (X one) Competitive e. ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB) SET-ASIDE g. OTHER SET-ASIDE (Cite authority, e.g., FAR 26.202-1 or 6.208; or DFARS 226.71) Sole Source Competitive f. WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER WOSB PROGRAM SET-ASIDE Sole Source h. OTHER THAN FULL AND OPEN COMPETITION NOT PREVIOUSLY ADDRESSED j. MULTIPLE AWARD: Reserves (FAR 19.5) (List type(s) of small business, e.g., WOSB, SDVOSB) i. FULL AND OPEN COMPETITION (Complete block 13) Contract Delivery/Task Order HUBZONE PRICE EVALUATION PREFERENCE (Ref. FAR 19.1307) 11a. MARKET RESEARCH/ACQUISITION PLAN b. SYNOPSIS REQUIRED (X one) Yes (NOTE: Synopsis not required if <$25,000; see FAR 5.101(a)(1).) c. SMALL BUSINESS PROGRESS PAYMENTS (X one) No (Provide FAR 5.202 exception) Yes No 12. CONSOLIDATED OR BUNDLED (X as applicable) a. CONSOLIDATED REQUIREMENT (Attach required documentation per DFARS 207.170.) b. BUNDLED REQUIREMENT (Attach required documentation per FAR 7.107 including benefit analysis.) Yes Yes No No 13. SUBCONTRACTING PLAN REQUIRED (X one) Yes No DD FORM 2579, AUG 2015 PREVIOUS EDITION IS OBSOLETE. Adobe Designer 9.0

14. ACQUISITION HISTORY a. IS THIS A NEW REQUIREMENT? (X one) Yes (Proceed to Block 15) (1) SMALL BUSINESS SET-ASIDE (X one) No (Continue to Blocks a(1) through (10), marking all that apply for the immediately preceding acquisition.) (2) SECTION 8(a) (X one) 100% Partial % Competitive (4) SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) (X one) Sole Source (3) HISTORICALLY UNDERUTILIZED BUSINESS ZONE (HUBZone) SMALL BUSINESS (X one) Competitive (5) ECONOMICALLY DISADVANTAGED WOMEN-OWNED SMALL BUSINESS (EDWOSB) SET-ASIDE (7) OTHER SET-ASIDE (Cite authority, e.g., FAR 26.202-1 or 6.208; or DFARS 226.71) Sole Source Competitive (6) WOMEN-OWNED SMALL BUSINESS (WOSB) ELIGIBLE UNDER WOSB PROGRAM SET-ASIDE Sole Source (8) OTHER THAN FULL AND OPEN COMPETITION NOT PREVIOUSLY ADDRESSED (10) MULTIPLE AWARD: Reserves (FAR 19.5) (List type(s) of small business, e.g., WOSB, SDVOSB) (9) FULL AND OPEN COMPETITION (Complete block 13) Contract Delivery/Task Order HUBZONE PRICE EVALUATION PREFERENCE (Ref. FAR 19.1307) b. PREVIOUSLY CONSOLIDATED OR BUNDLED? (X one) (1) CONSOLIDATED Yes No (2) BUNDLED Yes No c. DETAILS OF PREVIOUS AWARD(S) (List details requested in instructions. Attach additional page(s) if necessary.) 15. CONTRACTING OFFICER a. NAME (Last, First, Middle Initial) b. EMAIL ADDRESS c. SIGNATURE d. DATE SIGNED (YYYYMMDD) 16. SMALL BUSINESS PROFESSIONAL/SMALL BUSINESS DIRECTOR REVIEW a. NAME (Last, First, Middle Initial) Concur b. EMAIL ADDRESS Non-concur e. DATE ACQUISITION PACKAGE PROVIDED TO SBA (FAR 19.202-1(e)) (YYYYMMDD) c. SIGNATURE d. DATE SIGNED (YYYYMMDD) f. SMALL BUSINESS PROFESSIONAL/SMALL BUSINESS DIRECTOR REMARKS 17. SBA PROCUREMENT CENTER REPRESENTATIVE REVIEW a. NAME (Last, First, Middle Initial) Concur b. EMAIL ADDRESS Non-concur c. SIGNATURE d. DATE SIGNED (YYYYMMDD) e. SBA PROCUREMENT CENTER REPRESENTATIVE REMARKS 18. CONTRACTING OFFICER REVIEW Concur with PCR recommendation a. SIGNATURE b. DATE SIGNED (YYYYMMDD) Reject PCR recommendation c. CONTRACTING OFFICER REMARKS DD FORM 2579 (BACK), AUG 2015

Latvian Connection LLC Shareefa Complex 5th Floor Kuwait City, Kuwait Tel: 001 965 5144 2103 September 26, 2015 BY REGISTERED EMAIL General Counsel Government Accounting Office 441 G Street, NW Washington DC 20548 Email: Protests@gao.gov Attn: Procurement Law Control Group, Room 1139 RE: Post-Award Protest against the Department of the Interior RFQ USAFCENT_Al_Jaber_Turnkey VIOLATING COMPETITION IN CONTRACTING ACT VIOLATING SMALL BUSINESS ACT VIOLATING FAR 19.202-2, 19.202-4, 5.202 VIOLATING DFARS 219.201 and DD Form 2579 Revised Aug 1, 2015 Dear Procurement Law Group: Latvian Connection General Trading and Construction LLC, (― LC LLC‖), Shareefa Complex, 5th Floor, Kuwait City, Kuwait, tel: [001 965 5012 2072]. Email: [keven.barnes@LatvianConnectionLLC.com]¹ , a SAMS Registered company ( DUNS 830587791 and CAGE 5GLB3, with a LOCAL office in the Middle East in Kuwait, DUNS 534749622 and CAGE SGM59submits this Post- Award Protest against the Dept of Interior’s sole source contract award that circumvented the Competition in Contracting Act and fails to have a subcontracting plan or give LOCAL to Kuwait, Latvian Connection LLC a chance to compete on the solicitation and fails to allow Latvian Connection LLC to bid. This is a defective contract award as there is no Justification and Approval to circumvent CICA for this $ 3.4 Million contract award. ( EXHIBIT 1 ) In enacting CICA, Congress explained: “Effective competition is predicated on advance procurement planning and an understanding of the marketplace.” S. Rep. No. 50, 98th Cong., 2d Sess. 18 (1984), reprinted in 1984 U.S.C.C.A.N. 2191. The Senate Report also quoted with approval the following testimony regarding the need for advance planning: Opportunities for obtaining or improving competition have often been lost because of untimely, faulty, or the total lack of advance procurement planning. Noncompetitive procurement or inadequate competition also has resulted many times from the failure to develop specifications . . . . By requiring effective competition, Congress will serve notice on the agencies that they will need to do more than the minimum to comply with the statute. S. Rep. No. 50, 98th Cong., 2d Sess. 19 (1984), reprinted in 1984 U.S.C.C.A.N. 2192. Finally, in interpreting this statutory requirement, our Office has noted that contracting officials have a duty to promote and provide for competition and to obtain the most advantageous contract for the government. Precision Logistics, Inc., B-271429, July 18, 1996, 96-2 CPD ¶ 24 at 5; National Aerospace Group, Inc., B-282843, Aug. 30, 1999, 99-2 CPD ¶ 43. In other words, contracting officials must act affirmatively to obtain and safeguard competition; they cannot take a passive approach and remain in a sole-source situation when they could reasonably take steps to enhance competition. Here, the Army's actions over the past several years fail to comply with CICA's statutory mandate for reasonable advance planning. (HEROS, Inc., B-292043, June 9, 2003) The DEPT OF INTERIOR and USAF have also violated FEDERAL ACQUISITION POLICY 219.201 regarding the Newly revised DD Form 2579, Small Business Coordination Record. ( EXHIBIT 2 ) The DD Form Small Business Coordination Record has been revised to include the latest changes as a result of new legislation and regulatory requirements. IAW DFARS 219.201 (c )(10)(B), Contracting Officers are to obtain Small Business Specialist review and coordination on most procurements over $ 10,000.00 ( Ten Thousand Dollars ) and the review is to be documented on the DD Form 2579. The form has undergone major changes in content and design making it more comprehensive and useful tool to summarize small business considerations made in developing the procurement stategy. Use of the new form is effective as of August 1, 2015. POST-AWARD PROTEST AGAINST DEPT OF INTERIOR and USAFCENT USAFCENT_Al_Jaber_Turnkey

2 | P a g e ¹ keven.barnes@LatvianConnectionLLC.com ( Representative for the Protester Latvian Connection General Trading and Construction LLC) ² The Contracting Officer for this procurement is Brandon Hill of the Department of the Interior, DOI, Interior Business Center, Acq Services Directorate, Div 3, 354 S Highway 92, Sierra Vista, AZ, 85635 with Contracting Representative Roberto Acosta whose FBO posting does not have his contact information. Per FAR 33.103 Protests to the agency (2) Latvian Connection LLC Shareefa Complex Kuwait City, Kuwait Representative of Protester: Keven Barnes, CEO Email – keven.barnes@LatvianConnectionLLC.com The U.S. Government Accountability Office (―GAO‖) should sustain this protest, stay the performance of the Contract, and direct the Department of the Interior to compete the solicitation in Full and Open Competition and to abide by the Federal Acquisition Regulations as it pertains to Service Disable Veteran Owned Small Business, Latvian Connection LLC. INTERESTED PARTY STATUS As discussed below LC LLC seeks to compete for the contract that the proposed RFQ (Exhibit 1). Latvian Connection LLC incorporates all the below facts and (Exhibits) into this ―Interested Party Status‖ section. Further, if this protest is sustained and Department of the Interior evaluates Latvian Connection’s proposal, then LC LLC, a SDVOSB, responsible offeror – will have a reasonable chance of winning the Contract. Therefore, Latvian Connection LLC is an actual offeror whose direct economic interest is affected by the award of the Contract and hence, an interested party. 31 U.S.C. § 3551 (2000); FAR 33.101; 4 C.F.R. § 21.0(a)(2006); Designer Assoc. , Inc.,B-293226, FEB 12, 2004 C.P.D. ¶ 114 at 2. This is a Pre-Award Protest. TIMELINESS OF THIS PROTEST In accordance with 4 C.F.R. § 21.1 (c ) (1), the relevant electronic mail address for this protest is Directorate, Div 3, 354 S Highway 92, Sierra Vista, AZ, 85635 for RFQUSAFCENT_Al_Jaber_Turnkey, a solicitation that was never posted; never had a pre-solicitation posted; never had solicitation documents poste, but did have a sole source contract award, D15PC00212, dated September 25, 2015 www.fbo.gov and this protest is timely if: § 21.2 Time for filing.(a)(1) Protests based upon alleged improprieties in a solicitation which are apparent prior to bid opening or the time set for receipt of initial proposals shall be filed prior to bid opening or the time set for receipt of initial proposals. In procurements where proposals are requested, alleged improprieties which do not exist in the initial solicitation but which are subsequently incorporated into the solicitation must be protested not later than the next closing time for receipt of proposals following the incorporation. This is a post-award protest and this is filed within 10 days of constructive notice of the contract award that circumvented CICA and the Small Business Act. The Post-Award protest against the Department of the Interior’s Interior Business Center, Acq Services FACTUAL GROUNDS OF THE PROTEST 1.The RFQ The Department of Interior failed to conduct a solicitation for RFQ USAFCENT_Al_Jaber_Turnkey. There was no Pre-Solicitation posted; no solicitation was posted and there was no Justification and Approval posted. POST-AWARD PROTEST AGAINST DEPT OF INTERIOR and USAFCENT USAFCENT_Al_Jaber_Turnkey

3 | P a g e II. Latvian Connection LLC’s Proposal This is a post-award protest for failure to follow CICA Veteran-Owned Business (SDVOSB), should be competing under the Competition in Contracting Act ( of the United States GAO ) and in a Fair and Open Competition. The Dept of Interior have failed to follow Federal Law and statutes and purposely ignored the requirements of the Competition in Contracting Act. Request of a ruling by the Comptroller General of the United States Latvian Connection LLC (SDVOSB) specifically requests that the GAO level Post-Award protest be referred to the Small Business Administration for their review due to Latvian Connection LLC being a Small Business and an American Business that is once again being prejudice from bidding by the Department of Defense’s failure to follow the Procurement Laws and Regulations of the United States. Latvian Connection LLC also requests that the Comptroller General of the United States ruling be made about the Post-Award protest of Solicitation RFQ USAFCENT_Al_Jaber_Turnkey and ask the Department of the Interior and the USAF contingency operation take corrective action. Latvian Connection LLC is a Service Disabled Veteran Owned U.S. Small Business and is LOCAL to Kuwait. The Competition in Contracting Act states: Latvian Connection LLC, a Small Business Administration registered company that is a Service Disabled In enacting CICA, Congress explained: “Effective competition is predicated on advance procurement planning and an understanding of the marketplace.” S. Rep. No. 50, 98th Cong., 2d Sess. 18 (1984), reprinted in 1984 U.S.C.C.A.N. 2191. The Senate Report also quoted with approval the following testimony regarding the need for advance planning: Opportunities for obtaining or improving competition have often been lost because of untimely, faulty, or the total lack of advance procurement planning. Noncompetitive procurement or inadequate competition also has resulted many times from the failure to develop specifications . . . . By requiring effective competition, Congress will serve notice on the agencies that they will need to do more than the minimum to comply with the statute. S. Rep. No. 50, 98th Cong., 2d Sess. 19 (1984), reprinted in 1984 U.S.C.C.A.N. 2192. Finally, in interpreting this statutory requirement, our Office has noted that contracting officials have a duty to promote and provide for competition and to obtain the most advantageous contract for the government. Precision Logistics, Inc., B-271429, July 18, 1996, 96-2 CPD ¶ 24 at 5; National Aerospace Group, Inc., B-282843, Aug. 30, 1999, 99-2 CPD ¶ 43. In other words, contracting officials must act affirmatively to obtain and safeguard competition; they cannot take a passive approach and remain in a sole-source situation when they could reasonably take steps to enhance competition. Here, the Army's actions over the past several years fail to comply with CICA's statutory mandate for reasonable advance planning. (HEROS, Inc., B-292043, June 9, 2003) Under CICA, 41 U.S.C. sect. 253(a)(1)(A), contracting officers have a duty to promote and provide for competition and to provide the most advantageous contract for the government. In their role of promoting and providing for competition, contracting officials must act affirmatively to obtain and safeguard competition; they cannot take a passive approach and remain in a noncompetitive position where they could reasonably take steps to enhance competition. VSE Corp., Johnson Controls World Servs., Inc., B- 290452.3 et al., May 23, 2005, 2005 CPD para. 103 at 8; HEROS, Inc., B-292043, June 9, 2003, 2003 CPD para. 111 at 7; National Aerospace Group, Inc., B-282843, Aug. 30, 1999, 99-2 CPD para. 43 at 8. See also S. Rep. No. 98-50, at 18 (1984), reprinted in 1984 U.S.C.C.A.N. 2174, 2191 (stating that CICA requires agencies to “make an affirmative effort to obtain effective competition”). CICA further provides that under no circumstance may noncompetitive procedures be used due to a lack of advance planning by contracting officials. 41 U.S.C. sect. 253(f)(5)(A); Signals & Sys., Inc., B-288107, Sept. 21, 2001, 2001 CPD para. 168 at 9. Although the requirement for advance planning is not a requirement that such planning be successful or error-free, see Abbott Prods., Inc., B-231131, Aug. 8, 1988, 88-2 CPD para. 119, at 8, the advance planning must be reasonable. Signals & Sys., Inc., supra, at 13. Here, we conclude that the agency has failed to comply with the CICA mandate for reasonable advance planning. POST-AWARD PROTEST AGAINST DEPT OF INTERIOR and USAFCENT USAFCENT_Al_Jaber_Turnkey

4 | P a g e REQUEST FOR HEARING OR CONFERENCE AND PROTECTIVE ORDER If the issues in this case cannot be resolved on the basis of the documents requested, then Latvian Connection LLC requests a hearing on all of the matters set forth above. 4 C.F.R. § 21.1 (d)(2008). LC LLC does not request a protective order. LEGAL GROUNDS OF PROTEST I. There is Overwhelming Evidence of Latvian Connection LLC that the Department of Interior and the United States Air Force are VIOLATING THE COMPETITION IN CONTRACTING ACT and Small Business Act The DEPT OF INTERIOR and USAF have also violated FEDERAL ACQUISITION POLICY 219.201 regarding the Newly revised DD Form 2579, Small Business Coordination Record. ( EXHIBIT 2 ) The DD Form Small Business Coordination Record has been revised to include the latest changes as a result of new legislation and regulatory requirements. IAW DFARS 219.201 (c )(10)(B), Contracting Officers are to obtain Small Business Specialist review and coordination on most procurements over $ 10,000.00 ( Ten Thousand Dollars ) and the review is to be documented on the DD Form 2579. The form has undergone major changes in content and design making it more comprehensive and useful tool to summarize small business considerations made in developing the procurement stategy. Use of the new form is effective as of August 1, 2015. The Revised DD Form 2579 ( AUG 2015 ) has the following ( Exhibit 2 ) POST-AWARD PROTEST AGAINST DEPT OF INTERIOR and USAFCENT USAFCENT_Al_Jaber_Turnkey

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7 | P a g e II. Prejudice requires a reasonable likelihood that Latvian Connection LLC would have been awarded the Contract if we had been allowed the opportunity to bid had the solicitation been conducted under the Competition in Contracting Act and the Small Business Act, then Latvian Connection LLC would have a reasonable chance of being awarded the contract. Such a determination is not susceptible to a precise mathematical calculation; rather, prejudice requires only that ―but for the agency’s actions, the protestors would have had a reasonable chance of receiving the award. Anthem Alliance for Health, Inc., TRICARE Management Activity – Reconsideration, B-278189.5, July 13, 1998, 98-2 CPD 66. A reasonable possibility of prejudice therefore is sufficient to sustain the protest. United Int’l. Eng’g., Inc., B-245448.3, Jan 29, 1992, 92-1 C.P.D. ¶ 122. Europe Displays, Inc., B-297099. The fact that 39 CONS of Incirlik Air Base have not conducted the solicitation (Exhibit 1 ) under the Congressionally mandated Competition in Contracting Act – Latvian Connection LLC has been prejudiced. Latvian Connection LLC has been Prejudiced POST-AWARD PROTEST AGAINST DEPT OF INTERIOR and USAFCENT USAFCENT_Al_Jaber_Turnkey

8 | P a g e REQUEST FOR DOCUMENTS Latvian Connection LLC requests that the following materials be included in the agency report, pursuant to 4 C.F.R. § 21.1(d)(2008): All Market Research regarding Local Small Businesses in Kuwait per FAR 19.202-2 and 19.202-4 The SAM.gov List of Small Businesses in the Middle East Signed DD Form 2579, Small Business Coordination Record ( Revised AUG 2015 ) Bid Abstract and Evaluations All emails, memo for record, regarding this solicitation All documents that refer or relate to the efforts to obtain competition from U.S. Registered Small Businesses in the Middle East and the United States. All documents that refer or relate to the efforts to increase competition All documents that refer or relate to the Contracting Officer’s Market Research REQUEST FOR RELIEF AND CONCLUSION SDVOSB Latvian Connection LLC requests that the Dept of Interior and USAF to conduct the RFQ in accordance with the Competition in Contracting Act, the Small Business Act and the Federal Acquisition Regulations. Under the Competition in Contracting Act of 1984, the GAO may recommend that protest costs be reimbursed where they find that an agency’s action violated a procurement statute or regulation. 31 U.S.C. § 3554(c)(1) (2010). The GAO’s Bid Protest Regulations provide that, where the contracting agency decides to take corrective action in response to a protest, the GAO may recommend that the protester be reimbursed the costs of filing and pursuing its protest, including reasonable attorneys’ fees. 4 C.F.R. § 21.8(e) (2010). The GAO has stated that it ―does not mean that costs should be reimbursed in every case in which an agency decides to take corrective action; rather, a protester should be reimbursed its costs where an agency unduly delayed its decision to take corrective action in the face of a clearly meritorious protest. Griner’s-A-One Pipeline Servs., Inc.--Costs, B-255078.3, July 22, 1994, 94-2 CPD ¶ 41 at 5. We also request that Latvian Connection LLC be reimbursed the costs of filing and pursuing its protest, including reasonable protest preparation fees. Bid Protest Regulations 4 C.F.R. § 21.8(d)(1) (2010). Current through Pub. L. 113-31. (See Public Laws for the current Congress.) (a) (1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. (2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal. (3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in conduct which unduly and unreasonably protracted the final resolution of the matter in controversy. The decision of the adjudicative officer of the agency under this section shall be made a part of the record containing the final decision of the agency and shall include written findings and conclusions POST-AWARD PROTEST AGAINST DEPT OF INTERIOR and USAFCENT USAFCENT_Al_Jaber_Turnkey

9 | P a g e and the reason or basis therefor. The decision of the agency on the application for fees and other expenses shall be the final administrative decision under this section. (4)If, in an adversary adjudication arising from an agency action to enforce a party’s compliance with a statutory or regulatory requirement, the demand by the agency is substantially in excess of the decision of the adjudicative officer and is unreasonable when compared with such decision, under the facts and circumstances of the case, the adjudicative officer shall award to the party the fees and other expenses related to defending against the excessive demand, unless the party has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. Fees and expenses awarded under this paragraph shall be paid only as a consequence of appropriations provided in advance. (b) (1) For the purposes of this section— (A)―fees and other expenses‖ includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the agency to be necessary for the preparation of the party’s case, and reasonable attorney or agent fees (The amount of fees awarded under this section shall be based upon prevailing market rates for the kind and quality of the services furnished, except that (i) no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the agency involved, and (ii) attorney or agent fees shall not be awarded in excess of $125 per hour unless the agency determines by regulation that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys or agents for the proceedings involved, justifies a higher fee.); (B)―party‖ means a party, as defined in section 551 (3) of this title, who is (i) an individual whose net worth did not exceed $2,000,000 at the time the adversary adjudication was initiated, or (ii) any owner of an unincorporated business, or any partnership, corporation, association, unit of local government, or organization, the net worth of which did not exceed $7,000,000 at the time the adversary adjudication was initiated, and which had not more than 500 employees at the time the adversary adjudication was initiated; except that an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501 (c)(3)) exempt from taxation under section 501(a) of such Code, or a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j (a)), may be a party regardless of the net worth of such organization or cooperative association or for purposes of subsection (a)(4), a small entity as defined in section 601; (C)―adversary adjudication‖ means (i) an adjudication under section 554 of this title in which the position of the United States is represented by counsel or otherwise, but excludes an adjudication for the purpose of establishing or fixing a rate or for the purpose of granting or renewing a license, (ii) any appeal of a decision made pursuant to section 7103 of title 41 before an agency board of contract appeals as provided in section 7105 of title 41, (iii) any hearing conducted under chapter 38 of title 31, and (iv) the Religious Freedom Restoration Act of 1993; (D)―adjudicative officer‖ means the deciding official, without regard to whether the official is designated as an administrative law judge, a hearing officer or examiner, or otherwise, who presided at the adversary adjudication; (E)―position of the agency‖ means, in addition to the position taken by the agency in the adversary adjudication, the action or failure to act by the agency upon which the adversary adjudication is based; except that fees and other expenses may not be awarded to a party for any portion of the adversary adjudication in which the party has unreasonably protracted the proceedings; and (F)―demand‖ means the express demand of the agency which led to the adversary adjudication, but does not include a recitation by the agency of the maximum statutory penalty (i) in the administrative complaint, or (ii) elsewhere when accompanied by an express demand for a lesser amount. (2) Except as otherwise provided in paragraph (1), the definitions provided in section551 of this title apply to this section. (c) (1) After consultation with the Chairman of the Administrative Conference of the United States, each agency shall by rule establish uniform procedures for the submission and consideration of applications for an award of fees and other expenses. If a court reviews the underlying decision of the adversary adjudication, an award for fees and other expenses may be made only pursuant to section 2412 (d)(3) of title 28, United States Code. (2) If a party other than the United States is dissatisfied with a determination of fees and other expenses made under subsection (a), that party may, within 30 days after the determination is made, appeal the determination to the court of the POST-AWARD PROTEST AGAINST DEPT OF INTERIOR and USAFCENT USAFCENT_Al_Jaber_Turnkey

10 | P a g e United States having jurisdiction to review the merits of the underlying decision of the agency adversary adjudication. The court’s determination on any appeal heard under this paragraph shall be based solely on the factual record made before the agency. The court may modify the determination of fees and other expenses only if the court finds that the failure to make an award of fees and other expenses, or the calculation of the amount of the award, was unsupported by substantial evidence. (d) Fees and other expenses awarded under this subsection shall be paid by any agency over which the party prevails from any funds made available to the agency by appropriation or otherwise. (e) The Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall report annually to the Congress on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this section. The report shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information which may aid the Congress in evaluating the scope and impact of such awards. Each agency shall provide the Chairman with such information as is necessary for the Chairman to comply with the requirements of this subsection. (f) No award may be made under this section for costs, fees, or other expenses which may be awarded under section 7430 of the Internal Revenue Code of 1986. Respectfully submitted, __________________________ Keven L. Barnes CEO Latvian Connection LLC SDVOSB POST-AWARD PROTEST AGAINST DEPT OF INTERIOR and USAFCENT USAFCENT_Al_Jaber_Turnkey

Blog 110 Post - Award Protest Against Dept of Interior and USAF for RFQ USAFCENT_Al_Jaber_Turnkey Incirlic Air Base