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Titolo: Newly Issued CG Decisions

April 5, 2000
The General Accounting Office (GAO) today issued the following
Decisions and Opinions of the Comptroller General:
Bid Protest Decisions:
-  Trajen, Inc., B-284310; B-284310.2, March 28, 2000
 
http://www.gao.gov/decisions/bidpro/284310.htm
   Trajen, Inc. protests the decision of the Department of the
   Navy's appeal authority, pursuant to Office of Management and
   Budget (OMB) Circular No. A-76, that it would be more economical
   to operate and maintain in-house the Defense Fuel Support Point
   (DFSP) Pearl Harbor, Hawaii, rather than to contract for these
   services under request for proposals (RFP) No. SPO600-99-R-0005,
   issued by the Defense Energy Support Center, Defense Logistics
   Agency (DLA). Trajen challenges the appeal authority's cost
   comparison decision on numerous grounds and argues that if the
   cost comparison is adjusted to correct errors, the cost of
   performance under a contract with Trajen would be lower than the
   cost of in-house performance.
   We sustain the protest.
These decisions are now available from GAO's World Wide Web site
in both HTML and PDF versions at the indicated URLs (.pdf extension
for PDF version).  They have also been sent to the U.S. Government
Printing Office for addition to the Comptroller General Decisions
GPO Access WAIS database.
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April 6, 2000
The General Accounting Office (GAO) today issued the following
Decisions and Opinions of the Comptroller General:
Appropriations Decisions:
-  Telephone Charges -- State of Utah, B-283464, February 28, 2000
 
http://www.gao.gov/decisions/appro/283464.htm
   An authorized certifying officer of the Department of
   Agriculture's National Finance Center has requested an advance
   decision under 31 U.S.C. &sect; 3529 on the propriety of paying
   the 911 emergency services telephone charge and the hearing
   impaired surcharge assessed against federal agencies in the state
   of Utah. [1] For the reasons set forth below, both the 911 charge
   and the hearing impaired surcharge are vendee taxes, the legal
   burden of which falls directly on the federal government as a
   user of telephone services. Accordingly, the federal government
   is constitutionally immune from these taxes.
-  Nuclear Regulatory Commission (NRC) -- Payment of a Non-, B-281063,
   December 1, 1999
 
http://www.gao.gov/decisions/appro/281063.htm
   The Director of the Division of Accounting and Finance, Office of
   the Chief Financial Officer, United States Nuclear Regulatory
   Commission (NRC) requests our opinion on whether it was proper
   for NRC to pay a non-negotiable, non-separable facility rental
   fee for five NRC workshops when the fee covered the cost of meals
   and refreshments served at the workshops. Under the circumstances
   described below, we conclude that the payment was not improper.
Bid Protest Decisions:
-  NV Services, B-284119.2, February 25, 2000
 
http://www.gao.gov/decisions/bidpro/2841192.htm
   NV Services (NVS) [1] protests the award of a contract to LB&B
   Associates, Inc. under request for proposals (RFP) No.
   RFP5-51132-106, issued by the National Aeronautics and Space
   Administration (NASA) for facilities operation and maintenance
   services at the Goddard Space Flight Center, Greenbelt, Maryland.
   NVS argues that NASA unreasonably evaluated NVS's and LB&B's
   technical proposals, performed an unreasonable cost realism
   evaluation of LB&B's cost proposal, and improperly failed to
   conduct discussions concerning the cost proposals. NVS also
   complains that the agency awarded the contract to LB&B with the
   intent to materially modify the scope of work.
   We deny the protest.
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April 7, 2000
The General Accounting Office (GAO) today issued the following
Decisions and Opinions of the Comptroller General:
Bid Protest Decisions:
-  AJT & Associates, Inc., B-284305; B-284305.2, March 27, 2000
 
http://www.gao.gov/decisions/bidpro/284305.htm
   AJT & Associates, Inc. protests the award of a contract to
   Quantum Technology Services, Inc. (QTSI) under request for
   proposals (RFP) No. F08650-99-R-0101, issued by the Department of
   the Air Force for engineering services. AJT asserts that the
   evaluation of QTSI's proposal and the selection decision were
   flawed primarily because the agency improperly considered the
   resources of QTSI's large business subcontractor, General Physics
   Corporation, in its evaluation.
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April 10, 2000
The General Accounting Office (GAO) today issued the following
Decisions and Opinions of the Comptroller General:
Bid Protest Decisions:
-  Williams Communications Solutions, LLC, B-283900, January 18, 2000
 
http://www.gao.gov/decisions/bidpro/283900.htm
   Williams Communications Solutions, LLC protests the issuance of a
   task order to TennMark Telecommunications, Inc. by the Department
   of Veterans Affairs (VA), under task order proposal request No.
   VHA-020(642), issued to all Nortel Authorized General Services
   Administration (GSA) schedule representatives listed on GSA
   schedule No. GS-35F-1130D. The task order is for the upgrade of a
   telephone system at the VA Medical Center in Philadelphia.
   Williams argues that its proposal was improperly determined to be
   technically unacceptable, that the VA failed to conduct
   meaningful discussions, and that the VA improperly waived certain
   material requirements for the benefit of the awardee.
   We deny the protest.
-  Boines Construction & Equipment Co., Inc.--Costs, B-279575.4, April
   5, 2000
 
http://www.gao.gov/decisions/bidpro/2795754.htm
   Boines Construction & Equipment Company, Inc. requests that we
   recommend that it recover $15,246.78 from the Department of
   Housing and Urban Development (HUD) for bid preparation costs
   under invitation for bids (IFB) No. B-FTW-00041, and for the
   costs of filing and pursuing its protest in Boines Constr. &
   Equip. Co., Inc., B-279575, June 29, 1998, 98-1 CPD &para; 175,
   recon. den., Department of Hous. and Urban Dev.--Recon.,
   B-279575.2, Nov. 4, 1998, 98-2 CPD &para; 105. We recommend that
   Boines recover $4,404.12.
   In Boines Constr. & Equip. Co., Inc., we sustained Boines'
   protest of the award of a contract to Pierce Foundations, Inc.
   for the demolition of vacant buildings and related site work at
   the Hillcrest Home Apartments public housing project in Larose,
   Raceland, and Thibodaux, Louisiana. We found that Pierce's low
   bid was late and thus should not have been considered. We
   recommended that HUD terminate its contract with Pierce, if
   feasible, and award to Boines as the next low bidder, if Boines'
   bid was otherwise responsive and Boines was found responsible; in
   the event that termination of the contract with Pierce was not
   feasible due to the extent of contract performance, we
   recommended that HUD instead pay Boines its bid preparation
   costs. We also recommended that HUD pay Boines the costs of
   filing and pursuing its protest, including reasonable attorneys'
   fees.
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April 11, 2000
The General Accounting Office (GAO) today issued the following
Decisions and Opinions of the Comptroller General:
Bid Protest Decisions:
-  CRAssociates, Inc., B-282075.2; B-282075.3, March 15, 2000
 
http://www.gao.gov/decisions/bidpro/2820752.htm
   CRAssociates, Inc. (CRA) protests the award of a contract to
   United Payors and United Providers (UP) under request for
   proposals (RFP) No. 282-99-0001, issued by the Department of
   Health and Human Services (HHS) for health care services for
   alien detainees. CRA alleges that HHS misevaluated CRA's and UP's
   proposals, failed to conduct meaningful discussions with CRA, and
   unreasonably determined that UP's proposal represented the best
   value.
   We sustain the protest.


April 12, 2000
The General Accounting Office (GAO) today issued the following
Decisions and Opinions of the Comptroller General:
Bid Protest Decisions:
-  Future-Tec Management Systems, Inc.; Computer & Hi-Tech, B-283793.5;
   B-283793.6, March 20, 2000
 
http://www.gao.gov/decisions/bidpro/2837935.htm
   Future-Tec Management Systems, Inc. and Computer & Hi-Tech
   Management, Inc. (CHM) protest the Department of the Navy's award
   of a contract to Systems Engineering and Security, Inc. (SES)
   under request for proposals (RFP) No. 00140-99-R-G413, issued by
   the Navy Fleet and Industrial Supply Center (FISC)-Norfolk
   Detachment Philadelphia. Both Future-Tec and CHM protest that the
   Navy's evaluation of technical proposals and the resulting source
   selection were improperly performed, and allege that SES proposed
   key personnel that it knew or should have known would not work
   full time on the project, as required by the RFP. In addition,
   CHM protests that the Navy's cost realism analysis was improper,
   and resulted in an unreasonable and arbitrary increase in CHM's
   evaluated proposed costs.
   We sustain the protests.


April 13, 2000
The General Accounting Office (GAO) today issued the following
Decisions and Opinions of the Comptroller General:
Bid Protest Decisions:
-  Encorp-Samcrete Joint Venture, B-284171; B-284171.2, March 2, 2000
 
http://www.gao.gov/decisions/bidpro/284171.htm
   Encorp-Samcrete Joint Venture protests the award of a contract to
   Contrack International, Inc. under request for proposals (RFP)
   No. DACA78-99-R-0015, issued by the United States Army Corps of
   Engineers, for the construction of a stock control administration
   facility for F-16 aircraft in El Bassateen, Egypt.
   Encorp-Samcrete contends that the agency's evaluation of its
   proposal as technically unacceptable was unreasonable.
   We deny the protest.
-  SAB Company, B-283883, January 20, 2000
 
http://www.gao.gov/decisions/bidpro/283883.htm
   SAB Company, a large business concern and the incumbent
   contractor (as part of a joint venture), protests the
   determination by the Naval Facilities Engineering Command
   (NAVFAC) to set aside for exclusive small business competition
   request for proposals (RFP) No. N62766-99-R-9050, for supplies
   and services associated with change of occupancy maintenance and
   occupied rehabilitations of Navy housing on Guam, Mariana
   Islands. The protester contends that NAVFAC abused its discretion
   in determining that this procurement should be set aside for
   small businesses.
   We deny the protest.


April 14, 2000
The General Accounting Office (GAO) today issued the following
Decisions and Opinions of the Comptroller General:
No decisions were posted to the internet today.
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