70 likes | 240 Views
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>
E N D
Keven L. Barnes Sent: To: Cc: 11 September, 2014 4:57 PM Keven L. Barnes Wilder, Charles J II CIV USARMY 408 CONTR SPT BDE (US); Harris, Jeffery D LTC USARMY 408 CONTR SPT BDE (US); john.klein@sba.gov; major.clark@sba.gov RE: Registered: W52P1J14R0204 NOTICE OF INTENT TO FILE GAO LEVEL PROTEST BY CLOSE OF BUSINESS 12 SEPT FOR VIOLATING COMPETITION IN CONTRACTING ACT Subject: Mr. Barnes, In addition, you may submit a FOIA request for any documents that are not publically available. JAMES W. DORAN, CFCM Contracting Officer Army Contracting Command, Rock Island EAGLE and Sustainment Contracting Division Mailing Address: Army Contracting Command‐RI 3055 Rodman Avenue Attn: Jim Doran CCRC‐FC Rock Island, IL 61299‐8000 Telephone: 309‐782‐3276/DSN 312‐793‐3276 ‐‐‐‐‐Original Message‐‐‐‐‐ From: keven.barnes@latvianconnectionllc.com [mailto:keven.barnes@latvianconnectionllc.com] Sent: Thursday, September 11, 2014 7:43 AM To: Doran, James W CIV USARMY ACC (US); Doran, James W CIV USARMY ACC (US) Cc: Wilder, Charles J II CIV USARMY 408 CONTR SPT BDE (US); Harris, Jeffery D LTC USARMY 408 CONTR SPT BDE (US); john.klein@sba.gov; major.clark@sba.gov Subject: Registered: W52P1J14R0204 NOTICE OF INTENT TO FILE GAO LEVEL PROTEST BY CLOSE OF BUSINESS 12 SEPT FOR VIOLATING COMPETITION IN CONTRACTING ACT This is a Registered E‐mailR message from Keven L. Barnes. ________________________________________________________________________________________ Mr. Doran, This is a notice to you that you and the Army are violating CICA. Also, this an allegation of that the Procurement Integrity Act has once again been violated by the U.S. Army. 1
Please provide me a copy of the solicitation and post all relevant solicitation documents to FBO. There will be no other Please provide me a copy of the solicitation and post all relevant solicitation documents to FBO. There will be no other notice or warning to you. This request is from a U.S. Small Business Perhaps you didn't read the Memo for the DoD from Frank Kendal on competition. Please provide a signed J & A that is signed by a Flag Officer. W52P1J14R0204 Notice Type: Special Notice Synopsis: Added: Sep 10, 2014 6:03 pm The Government intends to award a sole source (in accordance with FAR 6.302‐1) contract to Honeywell Technology Services Inc (HTSI) for staff augmentation support services at Camp Arifjan, Kuwait. Services to be procured include operations specialists, management analysts, current/future planner, executive administration assistant, contract analyst, supply personnel, plans and operations officer, operations analyst, logistics analysts and transportation personnel. The contract will have a six month base period of performance and a six month option period. Anticipated award date is 26 September 2014. Competition is limited due to the transition time required for a new contractor to transition‐in, the short period of performance, and to ensure continuity of services. All responsible sources may submit a capability statement, proposal, or quotation which shall be considered by the Agency. Estimated contract value is $6.7 million inclusive of any anticipated surge requirements for the base and option period. Base award amount is estimated at $2.5 million. Contracting Office Address: ACC ‐ Rock Island (ACC‐RI), ATTN: AMSAS‐AC, Rock Island, IL 61299‐6500 Point of Contact(s): James Doran, Description: chrome‐extension://lifbcibllhkdhoafpjfnlhfpfgnpldfl/call_skype_logo.png309‐782‐3276 (a) A contracting officer who receives or obtains information of a violation or possible violation of subsection 27(a), (b), (c), or (d) of the Act (see 3.104‐3 <http://www.acquisition.gov/far/html/Subpart%203_1.html#wp1139331> ) must determine if the reported violation or possible violation has any impact 2
on the pending award or selection of the contractor. on the pending award or selection of the contractor. (1) If the contracting officer concludes that there is no impact on the procurement, the contracting officer must forward the information concerning the violation or possible violation and documentation supporting a determination that there is no impact on the procurement to an individual designated in accordance with agency procedures. (i) If that individual concurs, the contracting officer may proceed with the procurement. (ii) If that individual does not concur, the individual must promptly forward the information and documentation to the HCA and advise the contracting officer to withhold award. (2) If the contracting officer concludes that the violation or possible violation impacts the procurement, the contracting officer must promptly forward the information to the HCA. (b) The HCA must review all information available and, in accordance with agency procedures, take appropriate action, such as‐ (1) Advise the contracting officer to continue with the procurement; (2) Begin an investigation; (3) Refer the information disclosed to appropriate criminal investigative agencies; (4) Conclude that a violation occurred; or (5) Recommend that the agency head determine that the contractor, or someone acting for the contractor, has engaged in conduct constituting an offense punishable under subsection 27(e) of the Act, for the purpose of voiding or rescinding the contract. (c) Before concluding that an offeror, contractor, or person has violated the Act, the HCA may consider that the interests of the Government are best served by requesting information from appropriate parties regarding the violation or possible violation. (d) If the HCA concludes that section 27 of the Act has been violated, the HCA may direct the contracting officer to‐ (1) If a contract has not been awarded‐ (i) Cancel the procurement; (ii) Disqualify an offeror; or (iii) Take any other appropriate actions in the interests of the Government. 3
(2) If a contract has been awarded‐ (i) Effect appropriate contractual remedies, including profit recapture under the clause at 52.203‐10 <http://www.acquisition.gov/far/html/52_200_206.html#wp1137667> , Price or Fee Adjustment for Illegal or Improper Activity, or, if the contract has been rescinded under paragraph (d)(2)(ii) of this subsection, recovery of the amount expended under the contract; (ii) Void or rescind the contract with respect to which‐ (A) The contractor or someone acting for the contractor has been convicted for an offense where the conduct constitutes a violation of subsections 27(a) or (b) of the Act for the purpose of either‐ (1) Exchanging the information covered by the subsections for anything of value; or (2) Obtaining or giving anyone a competitive advantage in the award of a Federal agency procurement contract; or (B) The agency head has determined, based upon a preponderance of the evidence, that the contractor or someone acting for the contractor has engaged in conduct constituting an offense punishable under subsection 27(e)(1) of the Act; or (iii) Take any other appropriate actions in the best interests of the Government. (3) Refer the matter to the agency suspending or debarring official. (e) The HCA should recommend or direct an administrative or contractual remedy commensurate with the severity and effect of the violation. (f) If the HCA determines that urgent and compelling circumstances justify an award, or award is otherwise in the interests of the Government, the HCA, in accordance with agency procedures, may authorize the contracting officer to award the contract or execute the contract modification after notifying the agency head. (g) The HCA may delegate his or her authority under this subsection to an individual at least one organizational level above the contracting officer and of General Officer, Flag, Senior Executive Service, or equivalent rank. Ban on Disclosure of Procurement Information 4
Current and former federal employees and contractors who advise, or formerly Current and former federal employees and contractors who advise, or formerly advised the government on procurement cannot disclose contractor bid or proposal information or source selection information until a contract is awarded. Contractor bid or proposal information includes: . Cost or pricing data . Indirect costs and direct labor rates . Proprietary information about manufacturing process, operations, or techniques identified as such by any contractor . Information identified by any contractor as "contractor bid or proposal information" Source selection information includes: . Bid prices submitted by bidders . Costs or prices submitted by offerors . Source selection plans . Technical evaluation plans . Technical evaluations of proposals . Cost or price evaluations of proposals . Competitive range determinations . Rankings of bids, proposals or competitors . Reports and evaluations of source selection panels, boards or advisory councils . Other information marked as "source selection information" RE: W912ER‐14‐R‐0016 https://www.fbo.gov/spg/USA/COE/DACA78/W912ER‐14‐R‐0016/listing.html 15.404 Presolicitation notices and conferences. (a) General. Presolicitation notices and conferences may be used as preliminary steps in negotiated acquisitions in order to‐‐ 5
(1) Develop or identify interested sources; (2) Request preliminary information based on a general description of the supplies or services involved; (3) Explain complicated specifications and requirements to interested sources; and (4) Aid prospective contractors in later submitting proposals without undue expenditure of effort, time, and money. (b) Presolicitation notices. (1) When presolicitation notices are used, the contracting officer shall prepare and issue the notice to potential sources and shall synopsize the notice in accordance with Subpart 5.2. (2) Each presolicitation notice shall‐‐ (i) Define as explicitly as possible the information to be furnished in the response; (ii) Indicate whether it is contemplated that the presolicitation notice will be followed by a conference and a formal solicitation; and (iii) Request an expression of interest in the contemplated acquisition by a specified date. (3) In complex acquisitions, the presolicitation notice may also request information pertaining to management, engineering, and production capabilities. Detailed drawings, specifications, or plans will not normally be included with a presolicitation notice. (4) The contracting officer shall furnish copies of the solicitation to (i) all those responding affirmatively to the presolicitation notice and (ii) other prospective contractors upon their request (but see Subpart 9.4, Debarment, Suspension, and Ineligibility). (c) Presolicitation conferences. (1) The presolicitation conference may be used only when approved at a level higher than the contracting officer. It shall not be used as a method for prequalification of offerors. (2) The contracting officer shall‐‐ (i) Advise all organizations responding to the presolicitation notice of the details of any pending presolicitation conference; (ii) Conduct the conference and arrange for technical and legal personnel to attend, as appropriate; and (iii) Furnish copies of the solicitation to all organizations attending the conference, unless they decline to participate in the acquisition. 6
Keven L. Barnes CEO (USAF) Ret. Description: Description: LCLLC_r50 Kuwait + 965 5012 2072 <tel:%2B%20965%205012%202072> USA (707) 385 9344 <tel:%28707%29%20385%209344> SKYPE LatvianConnection‐1 keven.barnes@LatvianConnectionLLC.com <mailto:keven.barnes@LatvianConnectionLLC.com> www.LatvianConnectionLLC.com <http://www.latvianconnectionllc.com/> KUWAIT CAGE: SGM59 DUNS: 534749622 CALIFORNIA DUNS 830587791 CAGE 5GLB3 The information contained in this message may be privileged, confidential, and protected from disclosure. If the reader of this message is not the intended recipient, or any employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and deleting it from your computer. Thank you. Latvian Connection General Trading and Construction LLC. ________________________________________________________________________________________ For more information about the RPostR Registered E‐mailR service visit www.rpost.com 7