Blog 59 20150810 GAO Pre Award Protest Agains US Transportation Command HTC711-15-R-R014

1. THE CORRUPT U.S TRANSPORTATION COMMAND CONTRACTING OFFICERS HTC711-15-R-R014 Thomas M. Fee : thomas.m.fee2.civ@mail.mil William R. Henderson, Contract Officer : william.r.henderson12.civ@mail.mil CHEATING U.S. VETERAN OWNED SMALL BUSINESSES AND CHEATING SERVICE DISABLE VETERAN OWNED SMALL BUSINESSES CHEATING U.S. SMALL BUSINESSES GAO CHEATING U.S. VETERANS ACROSS THE UNITED STATES CIRCUMVENTED THE SMALL BUSINESS ACT

2. Latvian Connection LLC Shareefa Complex 5th Floor Kuwait City, Kuwait Tel: 011 385 9344 June 12, 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: PRE AWARD PROTEST AGAINST United States Transportation Command HTC711-15-R-R014 STEVEDORING for MISLEADING BIDDERS, BAD FAITH AND UNFAIR DEALINGS Dear Procurement Law Group: Latvian Connection General Trading and Construction LLC, (“ LC LLC”), Shareefa Complex, 5th Floor, Kuwait City, Kuwait, tel: [011 707 385 9344]. 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 Pre- Award Protest against Camp Arifjan’s Contracting Office of ( 926th & 408th)’s solicitation W912D1-15-R-0007 for FURNITURE exclusively for U.S. Small Businesses. Latvian Connection LLC wrote to the Contracting officials on 28 MAY 2015 and told them of an intent to file a GAO Level Protest unless the Scope of Work and Specifications were provided as there were NONE. Exhibit 5. The Response to that email was that on 03 JUN 2015, US TRANS COMM issued a cancellation notice of the solicitation, but did not mark the solicitation on FBO as cancelled. Today, 12 JUNE 2015, US Trans Comm issued on Friday ( a day off in Kuwait ) a new Performance Work Statement, Pricing Schedule, with a bid due date of 15 JUN 2015. US Trans Comm knew that Latvian Connection LLC is a U.S. Small Business and giving far too little time through an Arabic weekend to respond. It is obvious due to the Questions and Answers that appear in Amendment 003 with the new PWS and Pricing Schedule, that US Trans Comm was communicating with some bidders, but not all which is unfair and exhibits unmitigated conflicts of interest. There was no amendment issued to state the solicitation was continuing which demonstrates by the Questions being Asked and Answered, an unequal access to information. GAO PRE-AWARD PROTEST AGAINST U.S. TRANS COMM SCOTT AFB HTC711-15-R-R014 12 JUNE 2015

3. __________________________________________________________________________________________________________________________________________________________________________________________________ In accordance with 4 C.F.R. § 21.1 (c ) (1), the relevant electronic mail address for this protest is keven.barnes@LatvianConnectionLLC.com ( Representative for the Protester Latvian Connection General Trading and Construction LLC) The United States Transportation Command and the contracting officers are Thomas M. Fee and his ² email address is thomas.m.fee2.civ@mail.mil and William R. Henderson william.r.henderson12.civ@mail.mil, their contracting office is 508 Scott Drive, Bldg 1900, Scott AFB, Illinois 62225 GAO PRE-AWARD PROTEST AGAINST U.S. TRANS COMM SCOTT AFB Per FAR 33.103 Protests to the agency HTC711-15-R-R014 12 JUNE 2015 (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 rule that the Army has failed to comply with Federal Laws, Statutes and Regulations in misleading bidders by cancelling the solicitation on 04 JUNE 2015; then using the original solicitation to issue a new Performance Work Statement and Pricing Schedule and attachments on a weekend with the bid due in 3 days before any proposal response can be prepared. ( Exhibit 7 – FBO) INTERESTED PARTY STATUS As discussed below LC LLC seeks to compete for the RFQ. Latvian Connection LLC incorporates all the below facts and (Exhibits) into this “Interested Party Status” section. Latvian Connection LLC is registered in SAM.gov, the ONLY Federal database that is required or recognized by the Federal Acquisition Regulations. Latvian Connection LLC is LOCAL to Kuwait with a DUNS code of 534749622 and CAGE CODE of SGM59. Further, if this protest is sustained and US Trans Comm evaluates Latvian Connection’s proposal, then LC LLC, a VOSB, responsible offeror and a U.S. Small Business concern – 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 US TRANSCOM has violated the Small Business Act and not allowed the maximum amount of time practicable for submission of offers. The original solicitation was issued on 15 MAY 2015 with a bid due in of 15 JUNE 2015, or 32 days. Today, US TransComm issued a PWS, Pricing Schedule and attachments on a weekend and the bid is due in 3 days over a weekend. This is unreasonable and doesn’t afford VOSB Latvian Connection LLC the maximum amount of time practicable ( FAR 19.202-4 ( a ) ). GAO PRE-AWARD PROTEST AGAINST U.S. TRANS COMM SCOTT AFB HTC711-15-R-R014 12 JUNE 2015

4. 19.202-2 Locating small business sources. The contracting officer must, to the extent practicable, encourage maximum participation by small business, veteranowned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in acquisitions by taking the following actions: (a) Before issuing solicitations, make every reasonable effort to find additional small business concerns, unless lists are already excessively long and only some of the concerns on the list will be solicited. This effort should include contacting the SBA procurement center representative (or, if a procurement center representative is not assigned, see 19.402(a)). (b) Publicize solicitations and contract awards through the Governmentwide point of entry (see Subparts 5.2 and 5.3). 19.202-4 Solicitation. The contracting officer must encourage maximum response to solicitations by small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by taking the following actions: (a) Allow the maximum amount of time practicable for the submission of offers. (b) Furnish specifications, plans, and drawings with solicitations, or furnish information as to where they may be obtained or examined. (c) Provide to any small business concern, upon its request, a copy of bid sets and specifications with respect to any contract to be let, the name and telephone number of an agency contact to answer questions related to such prospective contract and adequate citations to each major Federal law or agency rule with which such business concern must comply in performing such contract other than laws or agency rules with which the small business must comply when doing business with other than the Government. TIMELINESS OF THIS PROTEST The Pre-Award protest against the Department of the Army is timely because it is filed prior to the bid due in time and date of 2 PM Local Kuwait time 15 JUN 2015. § 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. I.FACTUAL GROUNDS OF THE PROTESTThe RFQ US Transportation Command issued a draft solicitation on 15 MAY 2015 without a competent or comprehendable Scope of Work or Performance Work Statement and it lacked every element of a Scope of Work. The contracting personnel were written to on 28 MAY 2015 to inform them of an intent to file a GAO protest if the Scope of Work was not provided. To assure timely and equitable evaluation of proposals, offerors must follow the instructions contained herein. Offerors are required to meet all solicitation requirements, including terms and conditions, representations and certifications, and technical requirements. Failure to meet a requirement may result in an offer being ineligible for award. GAO PRE-AWARD PROTEST AGAINST U.S. TRANS COMM SCOTT AFB HTC711-15-R-R014 12 JUNE 2015

5. The contracting officer has determined there is a high probability of adequate price competition in this acquisition. Upon examination of the initial offers, the contracting officer will review this determination and if, in the contracting officer’s opinion, adequate price competition exists no additional cost information will be requested and certification under FAR 15.406-2 will not be required. However, if at any time during this competition the contracting officer determines that adequate price competition no longer exists offerors may be required to submit information to the extent necessary for the contracting officer to determine the reasonableness of the price. II. LATVIAN CONNECTION LLC’s PROPOSAL Latvian Connection LLC is a Veteran-Owned Business (VOSB), if bidding with an adequate Scope of Work would be able to make an intelligent and informed bid. We requested the missing information on 28 May 2015 and US Trans Comm’s response was to issue Amendment 002 and cancel the solicitation. ( Exhibit 2 ) Request of a ruling by the Comptroller General of the United States Latvian Connection LLC (VOSB) specifically requests that the GAO level Pre-Award protest be referred to the Small Business Administration for their review. Latvian Connection LLC also requests that the Comptroller General of the United States ruling be made about the Pre-Award protest. We do not request that this protest be expedited. 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. III. LEGAL GROUNDS OF PROTEST There is Overwhelming Evidence of Latvian Connection LLC that US Trans Comm issued this solicitation (Exhibit 1 - 4) FAR Part 19also recognizes VOSBs, see FAR § 19.201(a) (“It is the policy of the Government to provide maximum practicable opportunities in its acquisitions to small business, veteran-owned small business, service-disabled veteranowned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.”) (emphasis added), although no separate VOSB program like the set-aside program for VOSBs is found in FAR Part 19. Latvian Connection LLC is a VOSB Veteran Owned Small Business as applicable to FAR Part 19 and the Small Business Act. GAO – THIS IS NOT A REQUEST THAT THE SOLICITATION BE SET ASIDE. GAO PRE-AWARD PROTEST AGAINST U.S. TRANS COMM HTC711-15-R-R014 SCOTT AFB 12 JUNE 2015

6. Where a request for quotations invites competition, vendors must be given sufficient detail to allow them to compete intelligently and on a relatively equal basis; the agency’s description of its needs must be free from ambiguity and describe the agency’s minimum needs accurately. Am. Overseas Book Co., Inc., B-276675, July 10, 1997, 97-2 CPD 12 at 2; see Richen Mgmt., LLC, B-406750, B-406850, July 31, 2012, 2012 CPD 215 at 4. However there is no legal requirement that a competition be based on specifications drafted in such detail as to eliminate completely any risk for the contractor or that the procuring agency remove all uncertainty from the mind of every prospective offeror. Richen Mgmt., LLC, supra, at 3; Am. Contract Servs., Inc., B-256196.2, B-256196.3, June 2, 1994, 94-1 CPD 342 at 2. The original solicitation failed to provide adequate specifications or sufficient detail to provide an intelligent bid. When the contracting staff were questioned about the lack of specifications, they cancelled the solicitation ( Exhibit 2 ) As a general rule, a contracting agency must give sufficient detail in a solicitation to enable bidders to compete intelligently and on a relatively equal basis. Crown Contract Servs., B-288573,Oct. 31, 2001, 2001 CPD 179at 2. When an agency solicits offers for a requirements contract on the basis of estimated quantities, the agency must base its estimates on the best information available. While the estimates need not be absolutely correct, the estimated quantities must be reasonably accurate representations of anticipated needs. Inventory Accounting Serv., Inc., B-271483, July 23, 1996, 96-2CPD 35 at2-3. In a negotiated procurement such as this one, the contracting agency has broad discretion in deciding whether to cancel a solicitation and need only have a reasonable basis for doing so. A-Tek, Inc., B-286967, Mar. 22, 2001, 2001 CPD 57 at 2. A reasonable basis to cancel exists when, for example, an agency determines that a solicitation does not accurately reflect its needs. MedVet Dev. LLC, B-406530, June 18, 2012, 2012 CPD 196 at 2-3. A reasonable basis also exists when an agency determines it needs to revise evaluation standards in order to ensure a fair and equal competition. Progressive Servs. Corp., B-404183, B-404251.2, Jan. 11, 2011, 2011 CPD 18 at 2. In addition, the prospect of increased competition (and the lower prices which often result) generally provides a reasonable basis for an agency to cancel a solicitation. Id. So long as there is a reasonable basis for doing so, an agency may cancel a solicitation no matter when the information precipitating the cancellation first arises, even if it is not until offers have been submitted and evaluated. A-Tek, Inc., supra at 2-3. Where the record reflects that there was a reasonable basis to cancel the solicitation, we will not find that the agency abused its discretion, even though it could have taken a different course by amending the solicitation. See Skyline ULTD, Inc., B408961, Dec. 27, 2013, 2013 CPD 298 at 2. Since the solicitation was cancelled, we expect that a new solicitation number would be used. FAR 15.206 (e) If, in the judgment of the contracting officer, based on market research or otherwise, an amendment proposed for issuance after offers have been received is so substantial as to exceed what prospective offerors reasonably could have anticipated, so that additional sources likely would have submitted offers had the substance of the amendment been known to them, the contracting officer shall cancel the original solicitation and issue a new one, regardless of the stage of the acquisition. COFC The Court notes that while allegations of bad faith must rest on a strong evidentiary footing to overcome the normal presumption of regularity and good faith conduct by agency officials, see, 14 e.g., CACI, Inc.-Fed. v. United States, 719 F.2d 1567, 1579-82 (Fed. Cir. 1983) (“inferences of actual or potential wrongdoing” should be based on “hard facts,” not “suspicion and innuendo”); Libertatia Assocs., Inc. v. United States, 46 Fed. Cl. 702, 706 (2000); Kalvar Corp. v. United States, 543 F.2d 1298, 1302 (Ct. Cl. 1976); Corel Corp. v. United States, 165 F. Supp. 2d 12, 35 (D.D.C. 2001), a plaintiff needs more than innuendo or suspicion to entitle it to discovery seeking such evidence. See Info. Tech. & Applications Corp. v. United States, 316 F.3d 1312, 1324 n.2 (Fed. Cir. 2003) (rejecting discovery when plaintiff GAO PRE-AWARD PROTEST AGAINST U.S. TRANS COMM SCOTT AFB HTC711-15-R-R014 12 JUNE 2015

7. “pointed to no record evidence of bias”); Overton Park, 401 U.S. at 420 (stating that “there must be a strong showing of bad faith or improper behavior” to require testimony of administrative decisionmakers); Corel Corp., 165 F. Supp. 2d at 31 n.13; cf. Wyatt v. United States, 23 Cl. Ct. 314, 319 (1991) (requiring strong showing of bad faith to allow supplementation of administrative record in military reinstatement case). Not answer questions on 28 MAY 2015 or providing a comprehensive competent Scope of Work and instead issuing a cancellation notice is acting in Bad Faith. Bringing out on a Weekend a new Performance Work Statement and expecting a Veteran Owned Small Business to provide a response in 2.5 days when the original solicitation period allowed 34 days is U.S. Trans Comm contracting officers acting in BAD FAITH. IV. Latvian Connection LLC Has Been Prejudiced Prejudice requires a reasonable likelihood that Latvian Connection LLC would have been awarded the Contract if the solicitation was provided with a competent, comprehendable and complete Performance Work Statement on 15 MAY 2015. 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. Latvian Connection LLC has been prejudiced by Army from Camp Arifjan since June 2009. UNITED STATES TRANSPORTATION COMMAND IS BEING UNREASONABLE By US TRANS COMM not issuing a Performance Work Statement and Specifications regarding the areas to be loaded, cleaned; the contracting officer is acting unlawfully and unreasonably and not acted in GOOD FAITH AND FAIR DEALINGS. By leading bidders to believe the solicitation was cancelled on 28 MAY 2015 and then, on a Friday ( a day off in Kuwait as is Saturday ) and requiring the bid be due in on 15 JUNE 2015 is unreasonable. 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 Veteran Owned Small Businesses in Kuwait. • Signed DD Form 2579, Small Business Coordination Record for solicitation • Source Selection, Bid Abstract and Evaluations for solicitation • A copy of ALL Questions and Answers GAO PRE-AWARD PROTEST AGAINST U.S. TRANS COMM SCOTT AFB HTC711-15-R-R014 12 JUNE 2015

8. REQUEST FOR RELIEF AND CONCLUSION The remedy is simple is that this solicitation response time be increased to the same original response time of 34 days. There needs to be a reasonable length of time to review the information just issued to see if this Performance Work Statement gives the information that the original PWS was missing and adequate time, for a U.S. Small Business is given ( FAR 19.202-4 (a ) ). 19.202-4 Solicitation. The contracting officer must encourage maximum response to solicitations by small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by taking the following actions: (a) Allow the maximum amount of time practicable for the submission of offers. (b) Furnish specifications, plans, and drawings with solicitations, or furnish information as to where they may be obtained or examined. We ask that the GAO refer this protest to the SBA for their comments. 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). We also request that LATVIAN CONNECTION LLC 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). 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. Respectfully submitted, __________________________ Keven L. Barnes CEO Latvian Connection LLC GAO PRE-AWARD PROTEST AGAINST U.S. TRANS COMM SCOTT AFB HTC711-15-R-R014 12 JUNE 2015