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FAR 19.202-2 and 19.202-4 don’t require any small business to demonstrate that they can perform. All that they require that interested bidders must be invited to be able to bid.<br>The Air Force have made an illegal negative determination to excluded Latvian Connection LLC. Such unequal treatment of bidders and exclusion of a qualified bidder is a violation of Small Business Act.<br>
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Declaration of PAULA A. ARQUETTE, Maj, USAF Commander, 386 ECONS I am Maj Paula A. Arquette, Commander of the 386th Expeditionary Contracting Squadron (386 ECONS or “the agency”). SrA Erik Owens is a Contracting Officer in 386 ECONS and is responsible for Contract No. FA5703-15-A-0001 which is a subject of Latvian Connection, LLC (LC LLC or “Protestor”) protest. I’m aware of the facts associated with this contract administered by SrA Owens. It was awarded March 2015 and it’s a blanket purchase agreement for concrete delivery on Ali Al Salem AB, Kuwait. I submit this declaration in support of the United States Air Force’s (“Air Force”) Request for Dismissal without any reservation or purpose of evasion. 1. Based on a declaration written by the previous Commander Maj Chase B. Eiserman dated 24 March 2015; I am aware that Mr. Keven Barnes of LC LLC visited the 386 ECONS office November 6, 2014 at approximately 1415 local time. During this visit, Mr. Barnes asked why Maj Eiserman was not instructing his contracting officers to set-aside all requirements under the simplified acquisition threshold for U.S. small businesses. Maj Eiserman explained the applicability of FAR 19.000(b) in the contingency environment. He also explained to him the applicability of 5.202(a)(12). He then offered Mr. Barnes an opportunity to explain exactly what his company can offer. He was unresponsive to the question. Maj Eiserman gave Mr. Barnes an open invitation to attend the 386 ECONS Industry Day held on 22 November 2014, in an attempt to provide him with the opportunity to explain what services and commodities his company can provide. Mr. Barnes refused his invitation and did not attend the Industry Day event. 2. Based on a discussion with my predecessor and squadron contracting officers, I am aware that 386 ECONS has made previous attempts over the past several years to give Mr. Barnes an opportunity to explain exactly what his company can provide. On each occasion Mr. Barnes refused to discuss his company’s capabilities and reverted back to his assertions about FAR 19.202-2, 19202-4, and 5.202, in support of his own agenda. I’ve also looked up his website to research the capabilities of his company and have found no evidence that he provides any services or commodities. As a result, 386 ECONS have been unable to conclude that LC LLC has the capabilities to perform concrete deliveries. Executed on August 25, 2015 ________________________________ PAULA A. ARQUETTE, Major, USAF Commander, 386 ECONS ARQUETTE.PAULA .ANN.1016685565 Digitally signed by ARQUETTE.PAULA.ANN.1016685565 DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USAF, cn=ARQUETTE.PAULA.ANN.1016685565 Date: 2015.08.26 15:03:56 +03'00'