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Blog 133 B-410426 Bid Pre-Award Protest Against The Army ( Rock Island IL ) W52P1J14R0204 CICA Violation

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. <br>

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Blog 133 B-410426 Bid Pre-Award Protest Against The Army ( Rock Island IL ) W52P1J14R0204 CICA Violation

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  1. Latvian Connection LLC 1083 Vine St., Suite 503 Healdsburg, CA 95448 Tel: 001 965 5012 2072 September 19, 2014 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 the Department of the Army’s W52P1J-14-R-0204 for violating the Competition in Contracting Act and current directives from the Under Secretary of Defense, FRANK KENDALL regarding competition. Dear Procurement Law Group: Latvian Connection General Trading and Construction LLC, (“ LC LLC”), 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 Pre- Award Protest against the Army Contracting Command, Rock Island, IL and its contracting officer that is violating the Competition in Contracting Act; the Federal Acquisition Regulations; and the August 21, 2014 Memo from the Under Secretary of Defense, Frank Kendall (EXHIBIT 2) . Specifically : ¹ keven.barnes@LatvianConnectionLLC.com ( Representative for the Protester Latvian Connection General Trading and Construction LLC) ² The Contracting Representative for this procurement is James Doran the Department of the Army, Army Contracting Command, ACC - Rock Island (ACC-RI). His email address is james.w.doran10.civ@mail.mil , and telephone number is 309-782-3276 In accordance with 4 C.F.R. § 21.1 (c ) (1), the relevant electronic mail address for this protest is PRE-AWARD PROTEST W52P1J14R0204 DEPT of the ARMY ACC - Rock Island (ACC-RI) Staff Augmentation Support Services

  2. 2 | P a g e Per FAR 33.103 Protests to the agency (2) Latvian Connection LLC 1083 VINE ST. No 503 Healdsburg, CA 95449 Representative of Protester: Keven Barnes, CEO Email – keven.barnes@LatvianConnectionLLC.com 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 Army evaluates Latvian Connection’s proposal, then LC LLC, a VOSB, 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 and is filed before 10 days following the posting of the Sole Source announcement by the Army on September 10, 2014. Latvian Connection LLC requested under FAR 5.102, a copy of the solicitation and was told by Mr. Doran that Latvian Connection LLC should file an FOIA. Latvian Connection LLC instead choose to bring Mr. Doran to the GAO and publish his unprofessional conduct and that of his contracting office. Further, Latvian Connection LLC is bringing in the 408th of Camp Arifjan and LTC Jeffery D. Harris because he is the contracting office commander located at Camp Arifjan where this contract is to be performed. It is well established that the reason solicitations greater than $ 1 Million are conducted from Rock Island is due to the massive criminal activity at Camp Arifjan involving contracting officers with more than 20 being imprisoned due to kickbacks and bribes. The white collar criminal activity of the Army is systemic and originates from the Pentagon and Rock Island. The inability to follow Federal Acquisition Regulations, the Competition in Contracting Act, the Small Business Act and now, simple directives from the Under Secretary of Defense is the reason the Army at Camp Arifjan are continually being brought to the GAO. The lack of training within the Army and the ongoing criminal investigation assure the Army that they will be brought to the GAO until they can manage to purge their ranks of those that do not obey Federal Laws and Statutes. This contract should be cancelled immediately and a Fair and Open Competition conducted. General Ray Odierno is the leader of the Organized Crime Ring that IS the United States Army at the Pentagon Level. PRE-AWARD PROTEST W52P1J14R0204 DEPT of the ARMY ACC - Rock Island (ACC-RI) Staff Augmentation Support Services

  3. 3 | P a g e The Criminal leadership for the Army at Rock Island is: Brig. Gen. Ted Harrison TIMELINESS OF THIS PROTEST source of RFQ W52P1J14R0204 dated September 10, 2014, and being announced ( not competed ) on www.fbo.gov . § 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 pre-award protest is filed within 10 days of the FBO posting and is timely if filed within 10 days following September 10, 2014. The Pre-Award protest against the Department of the Army’s Rock Island’s contracting office regarding the sole FACTUAL GROUNDS OF THE PROTEST 1.The RFQ The Department of the Army’s ACC announced a sole source without meeting the criteria announced by Frank Kendall regarding sole sources. W52P1J14R0204 and that they be signed off by “SENIOR PROCUREMENT EXECUTIVE LEVEL. PRE-AWARD PROTEST W52P1J14R0204 DEPT of the ARMY ACC - Rock Island (ACC-RI) Staff Augmentation Support Services

  4. 4 | P a g e When Latvian Connection LLC requested a copy of the solicitation under FAR 5.102 as a U.S. Small Business, the contracting representative stated that we should file a FOIA. We request that the Small Business Administration be requested to comment so that the Army can hear from the SBA what the Army is expected to provide according to the Federal Acquisition Regulations and the Small Business Act when a Veteran Owned Small Business makes a written request for the withheld solicitation. Latvian Connection LLC, a Small Business Administration registered company that is registered in California and Kuwait was denied the opportunity to bid by Rock Island and the organizational conflict of interest of the 408th REACHBACK of II. Latvian Connection LLC’s Proposal Camp Arifjan. Further, if this protest is sustained and the Army evaluates Latvian Connection’s proposal, then LC LLC, a VOSB , with Teaming Partners, responsible offerors – 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. 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 of Solicitation W52P1J14R0204 for Staff Augmentation Support Services - 57 PERSONAL awarded without competition and ask the Department of the Army, Rock Island, IL, to take corrective action and compete the solicitation according to the Competition in Contracting Act and the Federal Acquisition Regulations. The Competition in Contracting Act states: 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- PRE-AWARD PROTEST W52P1J14R0204 DEPT of the ARMY ACC - Rock Island (ACC-RI) Staff Augmentation Support Services

  5. 5 | P a g e 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. 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. Latvian Connection LLC does not request that this protest be expedited, but does request that the Small Business Administration be requested to comment. LEGAL GROUNDS OF PROTEST I. The Army Contracting Command – Rock Island is Unreasonable By Contracting Representative, Mr. Doran not conducting a solicitation as required by the Competition in Contracting Act and the Federal Acquisition Regulations for a solicitation with a value of $ 6.5 Mil, where there will easily be more than 30 interested companies, including Latvian Connection LLC and its teaming partners, that can perform this contract, Mr. Doran has acted unreasonably. By the Army Contracting Command not conducting the solicitation – they have violated the basic tenants of competition and completely disregarded the memo of Mr. Frank Kendall (Exhibit 2), the Undersecretary of Defense regarding competition. The Competition in Contracting Act states: 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 PRE-AWARD PROTEST W52P1J14R0204 DEPT of the ARMY ACC - Rock Island (ACC-RI) Staff Augmentation Support Services

  6. 6 | P a g e 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. 5 168 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. As a general matter, CICA provides that when conducting procurements for property and services, agencies are required to obtain full and open competition through the use of competitive procedures, in accordance with statute and the FAR. 10 U.S.C. § 2304(a)(1)(A). One exception to this requirement for competition is if the head of the agency determines that it is necessary in the public interest to use other than competitive procedures in any “particular procurement.” 10 U.S.C. § 2304(c)(7). The authorizing official must make a written determination and finding supporting use of the public interest exception that “set[s] forth enough facts and circumstances to clearly and convincingly justify the specific determination made.” FAR §§ 6.302-7(c)(1), 1.704; Sikorsky Aircraft Corp., B- 403471, B-403471.3, Nov. 5, 2010, 2010 CPD ¶ 271 at 4. 10 U.S.C. § 2304(c)(7) also has a second requirement. The head of the agency must “[notify] the Congress in writing of [the] determination not less than 30 days before the award of the contract.” 10 U.S.C. § 2304(c)(7)(B). Generally, our review of a D&F issued by an agency in support of the public interest exception to full and open competition addresses whether the D&F provides, on its face, a clear and convincing justification that the restricted competition furthers the public interest identified. We consider a protester’s arguments that the D&F relies on facts that have no relation to the stated public interest, or that the D&F relies on materially inaccurate information. We will not, however, sustain a protest based on the protester’s disagreement with the conclusions set forth in the D&F. Sikorsky Aircraft Corp., supra, at 5. There is no Justification and Approval from the Head of the Agency to sole source RFQ W52P1J14R0204. The Competition in Contracting Act (CICA), 10 U.S.C. § 2304(c)(2) (2009), permits an agency to use other than competitive procedures in acquiring goods or services where the agency’s requirement is of such an unusual and compelling urgency that the government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits proposals. Although CICA requires that agencies solicit offers from as many potential sources as is practicable when using the unusual and compelling urgency exception to limit competition, 10 U.S.C. § 2304(e), an agency nonetheless may limit a procurement to the only firm it reasonably believes can properly perform the work in the time available. McGregor Mfg. Corp., B-285341, Aug. 18, 2000, 2000 CPD ¶ 151 at 6. There has not been a Justification and Approval that is fully signed posted and Latvian Connection LLC, a Veteran Owned U.S. Small Business made a written request for the solicitation and was denied. The Army’s lack of planning does not constitute a justification to avoid competing the solicitation in Full and Open competition. II. Latvian Connection LLC Has Been Prejudiced Prejudice requires a reasonable likelihood that Latvian Connection LLC would have been awarded the Contract if we had been allowed the opportunity to bid. 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 overseas solicitations were conducted (Exhibit 4, 5, 6, 22 ) demonstrates that a total small business set-aside have been conducted. Latvian Connection LLC has been prejudiced for years by the Air Force overseas and its prejudice of Latvian Connection LLC in 2009 – 2013 has been patently unfair and the contracting officers have been acting irresponsibly and in an arbitrary, capricious manner. The contracting office not PRE-AWARD PROTEST W52P1J14R0204 DEPT of the ARMY ACC - Rock Island (ACC-RI) Staff Augmentation Support Services

  7. 7 | P a g e setting-aside exclusively for Small Business for purchases under the Simplified Acquisition Threshold has been prejudicing Latvian Connection LLC since Latvian Connection LLC started its Kuwait office in June 2009. 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 supply of personnel in Kuwait Show all Sources Sought for RFQ W52P1J14R0204 The SAM.gov List of all Businesses in Kuwait 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 Latvian Connection LLC requests that the agency conduct the RFQ in accordance with the Competition in Contracting Act and the Federal Acquisition Regulations. We request that the contract award be cancelled and the solicitation be competed in Full, Fair and Open Competition. It would seem that the directives flowing out of the President of the United States office are orders and those orders are not being followed by General Officers, Regular grade officers, and Airman in defiance to set-asides that are to be exclusively reserved for United States Small Business of which Latvian Connection LLC is a Veteran Owned Small Business. Latvian Connection LLC requests the removal of any contracting officer in the Middle East who cannot follow the Federal Acquisition Regulations and is steering contracts by either posting under false contracting offices, failing to post on www.fbo.gov , and by not supporting American Small Businesses like Latvian Connection LLC and by excluding American Small Businesses in open disobedience of an Act designed to help American Small Businesses and the American Economy. The GAO should recommend that Military Contracting Officers be administratively disciplined until the Federal Acquisition Regulations, Laws, Rules, and the Competition in Contracting Act and Small Business Act are implemented. If this means that contracting activities are given to another non-DoD Agency because the contracting officers of the Department of Defense are failing to follow the Presidential Orders and the will of Congressionally enacted Acts to benefit U.S. Small Businesses and the American economy, then that should be the recommendation of the GAO. 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). 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 PRE-AWARD PROTEST W52P1J14R0204 DEPT of the ARMY ACC - Rock Island (ACC-RI) Staff Augmentation Support Services

  8. 8 | P a g e 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 Digitally signed by Keven L. Barnes DN: cn=Keven L. Barnes, o=Kuwait Division, ou=Latvian Connection LLC, email=keven.barnes@latviancon nectionllc, c=KW Date: 2014.09.19 21:46:09 +03'00' __________________________ Keven L. Barnes CEO Latvian Connection LLC PRE-AWARD PROTEST W52P1J14R0204 DEPT of the ARMY ACC - Rock Island (ACC-RI) Staff Augmentation Support Services

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