EUL-18-2005 08:58
Document 15-6
Filed 05/12/2007
UIRGINI~ CONTRACTING ~CTY
282 231 2831
Page 1 of 30
P.08/88
We reco~d t~t.p~o~ p~es ~sC~ ~y po~fi~ d~ve~ problams ~ ~g,. ~prob[e~ n~e~hele~ ~e, ~le~er~a.~ ~ ~e GAO ~tomey, ~
~ener~ Co~sel, or me ~ teleph~n~.n~b~ is
Daniel ~ Gordon. A~sociate General Counsel
121
TOTAL P.88
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3UL-18-2885
VIRGINIA CONTRACTING ACTY
Document 15-6
Filed 05/12/2007
Page 2 of 30
P.01/08
'DEFENSE INTELLIGENCE AGENC.Y . Boiling AFB., ATFN: .AE-2 .,.~ waS.hington, DC 20340 Unclas.Fax:. 202 231-283.1
CONTRACTS, .MANAGEM]E, NT OFF[C.E
.OFF.!CE O.F THE. ACQUISITION EXEC~TVVE (4E).
TO:.~a_~ ./f~.. ¯ FROM: ~L/~L
Pages: ~ (Including cover sheet)
Date:
122
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231 2831
A
GA
Facsimile Transmission ,Sheet
Number of page, ha~lading this cover sheet
Dat~:
22,2005 ~296741.2 ProtcstofNoslot Cleaning Services, Lac,
If ttammbsioa pr~bl~ ocCu~, please: call
202412-9739. O~ fax number i~ 202-~ 12-9749.
Re;
From: Mary G, Cu_~io, Scmor Attornsy
Nilme
Firm/Agency
Davis & Steele De~'-en~e Intelligence Agency
Phone
Fax
~anice Davis, Esq.
Carter .....
202-530~5828
202-530-5717 202-231-2831
202-231-2838
Comments: Non~
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.IUL-22-2005 16:23
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282 231 2831
Page 4 of 30
July22,2005 5snice I~vis, Esq. Davis & Steele De~ise B. Carter Depaxtment of Defense Defense L'tte2~gence Agency
Protestex: Agency:
/~296741.2 No.slot Clerking Services, Inc. Defense InreKtgence Agency
NOTIFICATION OF PROTECTIVE ORDER Attached is a copy of the protective order issued in connection with this matter. Counsel seeking admission must complete and submit the attic, hed application to our Office within 3 d~ys of receipt of this i~otective order, with a copy provided s~multa~eously to all parties; applications for cortsultants are available upon req~zesr. A pm~y objecting to any individual's application must so ~ivise our Office by the Second day following receipt of the application. While applications may be filed by facshuile ~ransmtssion, ~ hard copy with original signature must also be submitted. F~ilure to complete the applic~on accurately may result in denial of sutrrtission and/or sanction. Individuals covered under a protective order axe reqtdxed to take all precautions necessary to prevent disclosure of protected nu~zexial, in addition to physically and eleclzunically securing, safegum'ding, and ~cring access to the protected material in one's possession, these precautions include, but are not/L-hired to, sending.and receiving p~ro~ecred nut~erial using physical and electronic methods that are within the control of individuals authorized by this protective order or th~ otherwise restrict access ro protected material to individuals authorized by this protective order. Examples of transmission methods that may require additional precautions include facsimile machines shared with individuals not admitted under this protective order and facsimile-to-electronic mail ~mmn or services. Protected material shall not be sent using elecl~onic mail without the express consent of this Office.
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231 2831
UIRGINI~ CONTRACTING ~CTY
P.04/1~
-For the Associate General Counsel
GAO A~orney: Mary G, Curcio; 202.512-9739 Ca~e Status Ca!ls: ~02-512-54~6; ~ Number 202-512.9749 GAO's Guide_to~_AO Protective Orders is available at www.gao.gov. Attnr.hments
125
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[~004/009
ITNITED STATES GOVERNMENT ACCOUNTABILITY OFFICE OFFICE OF TI~ GENERAL COUNSEL I~ROC~ LAW DMSION Washington, D.C. 20~48 Matter ¯ File: Ageney~ Noslot Cleanin~ Services, Inc. t~296741-2 Defense Intelligence Agency PROTECTIVE OKDER
I, This protective order applies to art material that is identified by any parW as protected, urtles~ GAD specifically provides ouherwise. Protected material includes information whether on p~per m" in any electronic format- Th~ protective order applies to ~ procm~din~s.associated with the protest, ~ supplemental/amended pr~tests, n~luests for reconsideration, and claims for costs. 2. Protected material ~f any kind may bp provided only t~ GAO and to individuals au~arized by this protective order. The ~ page of each document containing protect~l rr~ter~ is to be dearly marked as follows: PROTECTED MATERIAL TO BE DISCLOSED ONLY IN ACCORDANCE WITH GO~ ACCOUNTABILITY OFFICE PROTECTIVE ORDER The party ~g protectio~ mu~ clearly iden~y w~ i~ ~ c~ pint.on. ~e~ su~ proton b ~ed for a pm~ pl~, ~e ~ ~ ~e ple~g ~ sabot a p~os~ ~da~ ~ion for pubic ~e wh~ ~e p~c~d v~on b ~ed, 3, Ordy individuals who are admitted u~der this protective order by GAO, and suppor~ staff ~paralegal, clerical, and adznLnistrai:ive persormd) who are employed or supervised by individuals admitted under ~ ordex, a~d who are not involved in c~mpe~itive decisionma]dng for a pata:y ~o the protest or for ar~ firm that might gain a competitive advsntage from a~cess to file protected ma~eriaI disclosed under this order~ shall have access to informa~on covered by this order. Individuals admitted undei t~ds protective order shall arlvise such support staf~ prior to providing them access to pro~ected nm~erial, of their ob~,ations under this order.-
Revised February 2002
126
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JUL-22-21~O5 16:24 UIRGINIA CONTRACTING ACTY y~,~z/zuo~ 1~i:36 F,~ 21~2.~129749 " GAO PL
4, Each p~y included under ~ proCUre order shall ~ceive a ~e copy of ~e p~ot~d ~t~ ~d ~ no~ dup~ ~ ~ ~c~t ~ ~d~ ~ i~ ~o~o~on ~to a sub--on ~ GAO or ~ o~e~e ~eed ~ by ~e ~ ~ GA0's co~c~ce. Howe., ~ p~ ~ Rc~ves pro~ec~ed ~e~ ~ ~ ~e~o~c fo~t ~y p~t a ~e copy of ~ pro~ ~. 5. When any party sends or receives documents i~ connection with ~ pro~es~ tha~ are no~ desigmKed as protected, including proposed redacted Versions of protected documents, the party shall re, rain from releasing the documents to anyone not admit1~i under this protective order, including c.~ents, unt~ the end of the second working day following receipt of the document~ by all parties, Th~ pr~tice permits parties ~o id(mtffy documents tlmt sho~lld have been marked protected before the documents are disclosed to Jndividual~ not adndtted uxlder th~ protecti~ order. 6, Each individual covered und~ this protective order shall take al/pr~c~ttions nece~ary to prevent disdosure of protected hinterS, In addition to ph~ically and elec~onically securi~, safeguarding, and ~estricting a~cess to the protected material hn one's possession, these precaution~ include, bul; ~-e not lhnited to, sending and receiving protected nmW~al using pl~dcal and electronic methods that ~re within the control of indiv~dual.s authorized by this pro~ective order or that otherv~Lse restrict access to protected/na~erial to individuals authorized by this protective order. Protected material shall not be sent using electronic mail without ~e expres~ corment of GAO, The confidentiality of protected material shall be maintained in perpetuity. 7. Within 60 days ~ the disposition of the protest(s) (or ff a request for reconsidera~on or a claim for costs is filed, 60 days after ~e disposition of those maters), all protected ~al furnished m Indi~iduRls admitted under this protective order, i~duding all copies of such material, with the exception of a single copy of a protected decision or letter issued by our 01~ce, shall be: (I) returned to the party that produced them; or (2) with the prior written agreement of the party tha~ produced the protected material, destroyed and certified as destroyed to the party that produced them; or (3) with the prior written agreement of the par~y that produced the protected material, retained under the texms of this order ~r such period as nmy be agree& Within the same 60~lay period, protected pleadhlgs (including copies in archival.files and computer backup flies) and writte~ and electxonic ~ranscripts of protest conference~ and he~ shaJl be destroyed, and the destrtlc~on cer~fied to GAO and the other parties, unless the par1:ies agree otherwise. In the absence of such agreement arid ~or good cause showrt~ the period for r~t~r~io~ of the protected material under this paragraph ~ be extended by order of GAO. Any individu~ retaining material receiv~ under this protective order (except for the single copy of spro~eded decision or letter Lssued by ore" Office] beyond the 60
127
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282 231 2831
Page 8 of 30
2005
l~i~ed F.ebruar~ 2002
128
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282 231 2831
UIRGINIA CONTRACTING ACTY
GAO
United Brutes Government Accoun~.~bflity Office Wa~h/ngr~n, DG ~0t$48
UNITED STATES GOVERNMENT ACCOUNTABILITY OFFICE OFFICE OF M GENERAL COUNSEL PROCUREMENT LAW DMSION Wssh/ngtnn, D.C. 20548 Matter of: File: Agenc~ Noslot Cl~ Services, Inc. B-296741.2 Defense I~teMgence .Agency
API=LICATION FOR ACCESS TO MATERIAL UNDER A PROTECTIVE ORDER ]?O_ROUTSIDE COUNSEL 1. I, , hereby apply for access to protected covered by the protective order Lssued hn connection with this protest, 2. I am an attorney with the law firm of represent ¯ _, a party, to this and have been retained to
; ~ bar membership number(s) is/are
4. My professional relationship with the party I represent in this promsr and its per~onnd is strictly one of legal com-lsel. I a~ riot involved in compe~tive decisiort~nakixtg as d~cussed in .L~S~_Steel Corp. _y. Urtited Sta_r~_$~ 730 F,2d 1465 (Fed, Cir. 1984), for or on behalf of the parW I rep~_aent, s_ny entiw ttmt is a~ Ln~erested paz~y to th~ protest, or arty order firm that might gain a competitive advantage from acces~ to the materiai disclosed Imder the protective order. I do not provide advice or participate in anydecisions of such parties in matters involving similar or corresponding information about a competitor. This means that I do not, for example, provide advice concerning or participate in decisions about marketing or advertising stra~gies, product research and deveIopment, produce design or competitive structuring and composition of bids, offers, or proposals with respect tO which the use of protected material could provide a compe~tive advantage. 5. I iden~7 here (by writing "none" or listing names and ratevant drc~ces) those attorneys in my Krm who, to the be~X of my knowledge, cannot rnake the represent, z~ions set forth in the preCeding paragraph: -
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UIRGINIR CONTRRCTING RCTY ~u~1~749 ~AO PL DIY
6, I identify here (by writing "none" or listing names, p~L~ition, and responsibilities) any merftbeX of my immediat~ fanfiI~ who is an officer or holds a management position with an tn~ party in the pr~test or with ar~v other firm that might gain a competitive advsntage from access to the material disclosed under the protective order:.
7. I identify here (by.writing "none'~ or identifying the name of the fonm~ case number, date, and c~ces) instances within the hst 5 years in which I have been denied admiasion to a protective order, or had admisaion revoked, or been found to have Viohted a protective order iasued by GAO or by an ~~ve or judicia! tribunal:
8. I identifT here (by writing "none" or lig~g the protest name and file nmaber) any pending application for admlasion to a protective order issued by GA0;
9. I have read the px~tective order ~ed by GAO in this p~otest, and I will comply in all respects with that order a~d wil! abide by im terms and conditions in handling any pror~d matexia! filed or produced in connection with the protest. I0. I acknowledge that any violation of the terms of the protective order may result in the imposi~on of such sa~ctior~s as GAO deems appropriate, including but not limited to referral of the violation to approprla~ bar assodations or other disdplinar~ bodies, and res~cd~ ray pra=fice before GAO. I further acknowledge that a party whose protected infonmafion is improperly disclosed sha2Ll be entitledto all remedies under law or equiW, includi~ breach of contract.
Page 7
JUL-22-2005 l~:~g
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282 231 2831 P.18/18
UIRGINIA CONTRACTING ACTY
By my sigz'mrure, I certify ~r, to the best of my knowledge, the representations set forth ~bove (including ~ny attached statements) are true and correct. I recognize tJ~t knawingJy tasking a fMae s~ernent on tlzis opplicerion could zender me liable to a $10,000 free or 5 years imprisonment, or both, pursus~t ro 18 U.S.C. § 1001. I iden~y below the meiling a~Idress and ~e number at which I may receive protected rrtateri~l in accordance with the ze.rms of r~e protective order.
Tyrol Name and TRle
Facsin~e Number
P~ge 8
131
TOTAL P. i@
Case 1:07-cv-00243-LMB UIRGINIA CONTRACTING ACTY Document 15-6
Filed 05/12/2007
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p.oi/10
'DEFENSE INTELLIGENCE AGENCY . Boiling AF.B, ATI~: .'AE-2 ..: W.~.hington, DC 20340 Unclas,Fax: 202 231-283.1
CONTRACTS..MANAGE.ME, NTOUUICE
O~ICE OF THE. ACQUISITrON EXECUTIVE (AE)
S..UBJECT:
Pages:
(Including cover sheet)
Phone:
Comtllell[S:
Date:
132
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DEPARTMENT OF THE ARMY
UNITED STATES ARMY LEGAL SERVICES AGENCY 901 NORTH STUART STREET ARLINGTON, VA 22203-1837 (703) 696-2825; DSN 426; Fax ext. 1537 E-mail: [email protected]
REPLY TO ATTENTION OF
August 2, 2005
Contract Appeals Division VIA FACSIMILE Ms. Mary G. Curcio, Esq. Office of the General Counsel U.S: Government Accountability Office 441 G. Street, NW Washington, D.C. 20548
Subject: Protest of NOSLOT Cleaning Services, B-296741.2
Dear Ms. Curcio: Enclosed please find a letter from the Contracting Officer indicating the Agency's intent to take corrective action. Based upon this corrective action, the agency requests that the subject protests be dismissed as academic. Dyna-Air Engineering Corp., B278037, Nov. 7, 1997, 97-2 CPD ¶ 132.
If you have any questions regarding this matter, please contact MAJ Peter Tran at (703) 696-2825, facsimile (703) 696-1537.
Sincerely,
Peter H. Tran Maior, U.S. Army Trial Attorney Copies Furnished by facsimile: Protester: Janice Davis, Esq., DAVIS & STEELE Telephone: (202) 530-5828; Facsimile: (202) 530-5717 Contracting Officer: Guy Torres, Defense Intelligence Agency, Virginia Contracting Agency
133
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Telephone: (202) 231-8077; Facsimile: (202) 231-2831 Field Attorney: LtCol Joe Treanor, Esq., Defense Intelligence Agency Telephone: (202) 231-2821; Facsimile: (202) 231-2831
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DEFENSE INTELLIGENCE AGENCY Office of the Acquisition Executive Building 6000, Boiling AFB Washington, D,C. 20340-5100 Augustl, 2005
U~2053/AE-2A
MEMORANDUM FOR MAJ Peter Tran, HQ, U.S. Army Legal Service Agency, Contract Appeals Division, Team I, AT"IN: 1ALS-CAI, 901 North Stuart Street, Suite 500, Arlington, Virginia 22203-1837 Subject: B-296741,2; Protest of NOSLOT Cleaning Services, Inc. ~ontra~ting Officer's Notice of ~orrective .Acfiqn. RFP HHM402-05-R-0017 (the "Solicitation") for the procurement of janitorial and custodial services for the Defense Intelligence .Analysis Center.(DIAC) and its new expansion building was issued on 14 April 2005. The Solicitation closed on 13 May 2005. Nine offers were received in response to the Solicitation. Award was made to The Ravens Group, LLC, on 17 June 2005. NOSLOT Cleaning Services, Inc. was debriefed on 8 July 2005. On 12 July 2005, NOLSOT filed a protest of the award with the Government Accountability Office (GAO) (B-296741.2). Due to the essential nature of the requirements, the DIA HCA, on 13 July 2005, authorized continued performance of the contract pending the outcome of the protest, The Government has reviewed the allegations contained in the protest filed by NOSLOT Cleaning Services, Inc. Although the protest is not clearly meritorious, the Agency has decided to take the following corrective action. The Agency intends to re-evaluate the nine proposals that were received at the close of the original submission deadline on May 13, 2005. Once the proposals have been re-evaluated, award may be made without discussions, If the Agency determines that discussions are warranted, a competitive range will be est~iblished and discussions will be conducted with all offerors within the range. Upon completion of discussions, offerors within the competitive range will be provided the opportunity to submit final revised proposals. In light of the serious detrimental impact that would result from work stoppage under the present awarded contract, current janitorial and custodial services will continue unimpeded. If after the evaluation, another contractor is deemed the appropriate awardee, the contract with The Ravens Group, LLC, will be terminated for convenience and the appropriate offeror awarded a contract fbr the reminder of the services required. An amendment to the Solicitation will be issued implementing the corrective action at the close of the protest.
GUY A. TORRJ~S Contracting Officer
135
TOTRL P. B2
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HQ, U.S. AILMY LITIGATION CENTER DEPARTMENT OF THE ARMY CONTRA CT APPEALS DIVISION, USALSA 901 N. STUART STREET, SUITE 500 ARLINGTON, VA 22203-1837 Tracy. Williams@ hqda.arn~y.mi l (703) 696-2850 phone (703) 696-1537fax
Date: Re: From:
August 2, 2005 GAO Protest of NOSLOT Cleaning Services (B-296741.2) Tracy Williams, Paralegal Specialist
NUMBER OF PAGES (INCLUDING THIS COVER SHEET): 4
Name Mary Curcio
Janice Davis GAO
Firm/Agency Protester DIA Contracting Officer
Phone No.
202-512-9708 202-530-5828 202-231-2821 202-231-3613
Fax No. 202-512-9749 202-530-5717 202-231-2831 202-231-2831
L TC Joe Treanor Guy Torres
MESSAGE
Accompanying this header sheet is the Army's notice of corrective action in the above referenced protest. If transmission problems occur, please contact Ms. Tracy Williams, (703) 696-2850, DSN: 426-2850. Direct all other questions to Major Peter Tran, Trial Attorney at 703-696-2825 or DSN 426-2825.
Confidentiality Notice
Tiffs facsimile transmission and/or tile documents accompanying it may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify this office immediately by telephone or arrange the return of documents.
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TRANSMISSION OK
TX/RX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PGS. RESULT 2964 9912025129749
08/02 07:58 01'18 4 OK
HQ, U.S. ARMY LITIGATION CENTER DEPARTMENT OF TIlE ARMY C02V-TRACT APPEALS DIVISION, USALSA 901 N. STUART STREET~ SUITE 500 ARLINGTON~ VA 22208-2837 Tracy. Williams@ hqda.army.mi! (703) 696-2850 phone (703) 696-1537 fax
Date: Re: From:
August 2, 2005 GAO Protest of NOSLOT Cleaning Services (B-296741.2) Tracy Williams, Paralegal Specialist
NUMBER OF PAGES (INCLUDING THIS COVER SHEET): 4
Name
Firm/Agency 'GAO
Phone NO. 202-512-9708 202-530-5828 202-231-2821 2O2-231-3613
Fax No~ 202-512-974~ 202-530-5717 202-231-2831 202-231-2831
,Mary Curcio
Janice Davis L TC J~'e Treanor Guy Tortes
Protester
DIA Contracting Officer
MESSAGE
137
Accompanying this header sheet is the Army's notice of corrective action in the above referenced protesL If transmission problems occur, please contact Ms. Tracy Williams, (703) 696-2850, DSN: 426-2850. Direct all other questions to Major Peter Tmn, Trla! Attorney at 703-696-2825 or DSN 426-2825.
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TUE 15:08 FAX 703 696 1537
TRANSMISSION OK
TX/RX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PGS. RESULT 2971 9912025305717
08102 15:07 01'17 4 OK
HQ/ U.$. ARMY LITIGATION CENTER DEPARTMENT OF THE ARMY CONTRACT APPEALS DIVISION/USALSA 901 N. STUART STREET, SUITE 500 ARLINGTON, VA 22203-1837 [email protected] (703) 696-2850 phone (703) 696-1537 fax
August 2, 2005 GAO Protest of NOSLOT Cleaning Services (B-296741.2)
From:
Tracy Williams, Paralegal Specialist
NUMBER OF PAGES (INCLUDING THIS COVER SHEET): 4 Name Firm/Agency Phone No.
202~512-9708 202-530-5828
Fax No.
202-5 I2-9749 202-530-5~17
Mary Curcio Janice Davis L TC Joe Treanor
,,
GAo
Protester
DIA Contracting Officer .MESSAGE
202-23i.2821
202-23i-8613
202-2~1-2831
202-231-2831
138
Accompanying this header sheet is the Army's notice of corrective action in the above referenced protest. If transmission problems occur, please contact Ms. Tracy Williams, (703) 696-2850, DSN: 426-2850. Direct all other questions to Major Peter Tmn, Trial Attorney at 703-696-2825 or DSN 426-2825.
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~ou1
08/02/05 TUE 15:11 FAX 703 696 1537
TRANSMISSION OK TX/RX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST, TIME USAGE T PGS, RESULT 2972 9912022312831
08/02 15:10 01'18 4 OK
HQ. U.S. ARM'Y LITIGATION CENTER DEPARTMENT OF THE ARMY CONTRACT APPEAL$ DIVISION, USALSA 901 N. STUART STREET. SUITE 500 ARLINGTON, VA 22203-2837 Tracy. [email protected] (703) 696-2850 phone (703) 696-1537fax
Date: Re: From:
August 2, 2005 GAO Protest of NOSLOT Cleaning Services (B-296741.2) Tracy Williams, Paralegal Specialist
NUMBER OF PAGES (INCLUDING THIS COVER SHEET): 4 Name Mary Curcio Janice Davis LTC ~lbe Treanor Guy Torre's Firm/Agency Protester DIA Contracting Officer Phone'No. 202-512-9708 Fax No.
202-512-9749 202-530-5717 202-231-2831 202-231-2831
zo2.g3o-sa28
202-231-2821 202-231-3613
MESSA, GE
139
Accompanying this header sheet is the Army's notice of corrective action in the above referenced protest, if transmission problems occur, please contact Ms. Tracy Williams, (703) 696-2850, DSN: 426-2850. Direct all other questions to Major Peter Tran, Trial Attorney at 703696-2825 or DSN 426.2825.
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Accountability ¯ Integrity ~ Reliability
GAO
Comptroller General of the United States
United States Government Accountability Office Washington, DC 20548
Decision
Matter of: File: Date: DECISION
NOSLOT Cleaning Services, Inc. protests the award of a contract to The Ravens Group, LLC by the Department of the Army under request for proposals (RFP) No. HHM402-05-R-0017.
NOSLOT Cleaning Services, Inc. B-296741.2 August 4, 2005
Subsequent to the filing of this protest, the agency granted the relief requested, which rendered the protest academic. Since it is not our practice to consider academic questions, the protest is dismissed. Dyna-Air Eng'g Com~., B-278037, Nov.7, 1997, 97-2 CPD ¶ 132.
Anthony H. Gamboa General Counsel
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~OOl/OO2
GAO PL DIV
United ~ate~ Government Accomltability Office Wa~in~on, DC 20548
Office of ~me~al C~un~el
Facsimile Transmission Sheet
Number of pages, including this cover sheet:2 __
Date: August 8, 2005
B-296741.2 Protest of Noslot Cleaning Services, Inc. From: Mary G. Curcio, Senior Attorney
Name
If transmission problems occur, please call 202-512-9739. Our fax number is 202-512-9749.
Janice Davis, Esq. Major Peter H. Tran
Comments: None
Fi,rm/Agency Da~is & Steele Defense Intelligence Agency
Phone 202-530-5828 703-696-2825
Fax 202-530-5717 703-696-1537
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5153.9006 - Format for a Bid Protest Action Report. Bid Protest Action Report
Protester:
Protest number:
Protest Forum (GAO(AGENCY): Has there been a FOiA request or. Congressional, OSD, HQD& medifi, or other high level interest in any aspect of the protested acquisition or action ('including the time period prior to any protest)? Circle One: Preaward/Post Award Negotiated]Sealed Bid Best Value: Yes No Description.of item or service: S olicitation No: Contract No:
Awardee: Awar4 Date: . Award Amount:
.Estimated Amount'(ffpreaward): (Do not round 0ff/abbreviate dollar .amounts) Stop Work? Yes No If Yes, date issued: Attomey assigaed to the protest (include phone): Contracting Officer (include phone): LeSsons Learned and legal/acquisiti0n costs are to be submitted by letter covering a copy of decision.
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MULTI TX/RX REPORT
TX/RX NO INCOMPLETE TX/RX TRANSACTION OK ERROR
2987 (1) (2) 9912025305717 99i2022312831
HQ, U,S. ARMY LITIGATION CENTER DEPARTMENT OF THE ARMY CONTRACT APPEALS DIVISION, USALSA 901 N. STUART STREET, SUITE 500 ARLINGTON, VA 22203-1837 Tracy. [email protected] (703) 696-2850 phone (703) 696-1537fax
Date: Re: From:
August 08, 2005 GAO Protest of NOSLOT Cleaning Services (B-296741.2) Tracy Wil]iarns, ParaIegal Specialist
NUMBER OF PAGES (INCLUDING THIS COVER SHEET): 5
Name
Firm/Agency Protester DIA
Phone N~.
202-530-5828 202-23i-2821 202-231-3613
Fax No."
202-530-5717 202-231-2831 202-231-2831
Janice Davis
L TC Joe Treanor JuanitaJones
contracting Officer
ME,,SSAGE
Accompanying this header sheet is the GAO Decision and After Action Report for the above mentioned protest, if transmission problems occur, please contact Ms. Tracy Williams, (703) 696-2850, DSN; 426-2850. Direct al! other questions to Major Peter Tran, Trial Attorney at DSN 426-2825 or commercial at 703-696-2825.
143
This facslmlle tratmmisoion and/or the doettrucnt~ accompanying it may conkain confidential information belonging to the sender which is protected by the attorney.client privilege, The information is intended;only for the use of the individual or entity named above If you are not the intended r~dpieut, you are hereby notified that any disclosure, copying, distribution or the taking of any action In reliance on fJae contents of this information is strictly prohibited. If you have received this transmission In error, please notify
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HQ, U.S. ARMY LITIGATION CENTER DEPARTMENT OF THE ARMY CONTRACT APPEALS DIVISION, USALSA 901 N. STUART STREET, SUITE 500 ARLINGTON, VA 22203-1837 [email protected] (703) 696-2850 phone (703) 696-1537fax
Date: Re: From:
August 08, 2005 GAO Protest of NOSLOT Cleaning Services (B,296741.2) Tracy Willimaas, Paralegal Specialist
NUMBER OF PAGES (INCLUDING THIS COVER SHEET): 5 Name Janice Davis L TC Joe Treanor
Firm/Agency Pm~s~r DIA Contracting Officer
Phone No.
202-530-5828 202-231-2821 202-231-3613
Fax No. 202-530-5717 202-231-2831 202-231-2831
JuanitaJones
MESSAGE
Accompanying this header sheet is the GAO Decision and After Action Report for the above mentioned protest. If transmission problems occur, please contact Ms. Tracy Williams, (703) 696-2850, DSN: 426-2850. Direct all other questions to Major Peter Tran, Trial Attorney at DSN 426-2825 or commercial at 703-696-2825.
ConfidenlJality Notice This facsimile transmission and!or the documents accompanying it may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in error, please notify this office inamediately by tdephone or arrange the return of documents.
144
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REPLY TO ATTENTION OF
DEPARTMENT OF THE ARMY UNITED STATES ARMY LEGAL SERVICES AGENCY 901 NORTH STUART STREET ARLINGTON, VA 22203-1837 (703) 696-2850 DSN 426; Fax ext. 1537 E-mail: Tracy.Williams @ hqda.army.mil
S: 23 Agust 2005 JALS-CA (715 y) 08 August 2005
MEMORANDUM FOR HQ, Virginia Contracting Activity/Defense Intelligence Agency, ATTN: LTC Joe Treanor, DIAC-DAP-2, Building 6000, Bolling Air Force Base, Washington, DC 20340-5100 SUBJECT: GAO Protest by NOSLOT Cleaning Services (B-296741.2) We enclose for your information and appropriate action a copy of the decision dismissing the subject protests. 1. In accordance with AFARS § 33.190-1, you are required to submit a bid protest after-action report (including agency-level protest) to this office not later than 15 days following the notification of resolution of the protests, including resolution by withdrawal. 2. If you should have any questions or comments, please contact Ms. Tracy Williams, Paralegal Specialist, at DSN 426-2850 or commercial 703-696-2850. Ms. Tracy Williams e-mail address is Tracy.Williams @hqda.army.mil. Sincerely,
Chief Attorney for Bid Protests Contract Appeals Division Encls 1. Decision 2. After-Action Report Form
Copies Furnished: Virginia Contracting Activity/Defense Intelligence Agency, ATTN: Juanita Jones, Contracting Officer, Building 6000, Bolling Air Force Base, Washington, DC 20840-5100, Via facsimile: 202-231-2831
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231 2831
UIRGININ CONTRACTING ~CTY
~OAO
2%, 2006
Denise B. Carter 'Department of Defense Defense Imelligence Agency
Protester: A~ency: SOlicitation No,: Re~o~'~ Due: GAO Arl;orney: 0t~;,cial Fax:
B-296741.3 The Ravel~s Group, Inc. Defense Intelligence A~ency HH~402~05.R~0O 17 Decision Due: Jul,v 6, 2006 Avri126, 2O06 202~5124788 Phone: Msr~ G. Curdo 202-512-9749 C~e Status:. 202-512-5436
CONFIRMATION OF REPORT REQUIREMENT This conRrms our telephonic notice of the protest and report due dat~ ~dicated above. Please advise us immediately of the i~div~dual(s) that will be representing the agency in ~e protest, i~dudir~ name, address (and I~temet e-marl address, if any'), and the telephone and fax numbers, You should aoti~y all intervenors that this protest has beenfiled and to communicate directly w~th us in connection w~th the protes[ Copies of the report must be R~rdshed to the protester and all intervenom not later ~zn the d~te indicated above. Please advise Re protester of its obligation to submit comments or request a decision en the e.xisting record ,,Hthin 10 days of Its receipt o~ the agency report. Please also mlvise all parties of their right m submit comments on the report to GAO wi~ I0 days of its receipt. You should refer to our Rle number and the GAO attorney ess~gned i~ ~I f~ture correspondence re~ng the protest. Any request for dismissal should be Rled as soon as prectlc~d~le after receipt of this notice if the ~ency seeks resolution of the request by our 0fl~ce prior to the sta~ed report due dare. For your convenience, following is a list of the Wpe of information to be included in your agency report -the contracting o~icer's statement of the relevant facts; Protected Information To Be Disclosed Only In Accordance With United States Coult of Federal Claims Protective Order
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282 231 2831 P.O2/B2
UIRGINIA CONTRACTING ACTY
-a bes~ es~n~ of the contract value;
-whether a statutory stay or suspension of performance is in place;
memorandum of law; -a copy of all relevant documents, or portions of documents, not previously l~roduced, including, as appropriate, any agency4eve! protest and decision, the bid or proposal submi~d by the protester, the bid or proposal of the flr~ being considered for aw~rd or whose bid or proposal is belng prot~sted, all evaluation documents, the solicitation (with specLficaLiorus)~ and the abstract of bids or offers; and
-an Indgx identif, jdng the contents of the ~eport and the location of each docun~ent or enclosure. Where portions of the repor~ have been redacted for any party (or where fl~e agency ha~ omit~ged certain documents ~rom a pargy's report), please indicate which redactions or omissions apply to each party. A~ency reports must be organized through the usa of pagination, tabs, and binders, as appropriate. If the protester has fried a request for specRic documents, please provide to a~l parties and GAO, at leas~ 5 days prior to the report due date, R list of those documents, or portions of documents, that you have released to the protester or imend to produce in your report, and o.f the documents you i~tend to wibhhold and the reasons for t.he wit_h~olding.
~AO bid protest decisions not subject to protective orders axe distributed via the GAO Worldwide Web Internet site (www.gao,gov), and in most cases are available within I business day of the decision d~te. We will provide you or your represen~z~ive e-marl notice of the avai/abRi~of the decision on this pro~se ~Ipon issuance ifl~u fumisk us the e-marl address. -For the Associate General Counsel
Pag~ 2
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TOTAL P. 02
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P,O02/Oi~
FAX COVER SHEET
FROM: FAX No, PHONE No. Clie~Matter: Date: DaryleA, Jo~ 703.256.7883 703.256.7754 Th~Rav~nsGro~p, Lnc. March 30,2006
PLEASE DELIVER TO TI~E FOLLOWING INDIVIDUALS IN YOUR ORGANIZATION
NA.M.E ORGh~NIZ~TION PHONE # FAX #
1~. Guy A. TorteS, Contracting Officer
Ms. Denise B. Cart=~
Virginia Contracting Activity, Bolling Air Force Base Dcfem~/ztelligence. Ag~acy ..... The Ravens Crro~p "
Procuremeat Law Control
202.231.8077
202.231.2831
202.231.283~
301.577.8585 202.512.8234 "
202.231.2831
301.577.9097
O~ce oft.he General Counse!, GAO
202.512.9749
¯ .~oup
'. ,.
p~ p~vtl~., R ~ lnt=nded ~lyfor ~ ~ of rh~ ~d~ldu~ ~med a~ a~ fh~ prtvtl~ a~ ~t ~i~d by vf~ue of th~ ha~lng bee~ sent ~f~lla. ~rhe ~on a~ally ~elving ~ fac~mile o~ ~y Other reader of the faarimil~ ~ not the
P.Oi
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]PATRICK
2006 ,Via .U.S. ~a£! and Facismile MJ'. Guy A. Torms Contracting Officer Virginia Co~fing Boiling Air Fore 200 M~Dill Boulev~B~lding 6000 W~hin~on, D.C, 20340~5100 GAO Protest No. B-296"/41.3 Contract ~o. HHM40206C0026
703.256.7883
~dmi((~:l in VA, DC, P~% MI
~HA~O-~ I. TItEOT~.%e.F..|_F~IS
D=ar Mr. Torts:
This is to notify you that my client, The Rav=ns Group, Inc. ("Ravens Group") has determined that it will continue ta perform Contract No. I-lI-I1V1302f16C0026 until such time that the Government takes appropriate action regarding the automatic stay provision~ of the protest procedures in accordance with Federal law. The bases for thig determination are as follows. Federal law:. 1) prohibits ,the Government from awarding a contmc~ that is prozested before award; and 2) requires immediate susans[on of performang~ of a contract that has been protested after award. See 31 U.S.C. § 3553 (2005); F~xteral Acquisition Regulation ("FAR") §33.104_ This
#dml~ In VA, DC, FL
ELTO,~ E NO~,~,\,~
automatic s~y of award or pea'formanc~ can only be overridden by a ~ri~ten
finding of"urg~t and eompel[ing ~ircumstanees" or "best interests of the Urdted Stat~" by the head oft.he contracting activity on a "'nond=Iggab[e basis."
.
As you know, the Defens~ Intelligence Agency ("DIA') overrode th~ automatic stay in ~e original prot~t ofthis procurement. That owrfide a!lowed ",he Rave~s Group to continue perforraance of the contract pending the resolution of the protests filed in connection with this procurement action. Since ~e Ravens Crmup's protest is raerely an extension oft.he original protests, the overrid~ re~nains in effect and the Ravens Group rosy ontlnue p~u-forrnaac~ of the conWact until such time as the head of the contracting agency issues a wrirt~a finding revoking the ovezridc~
149
7O3 2~ 7883 www, patrickhen~/.ne~ 9~
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P.O04/014
PATRICKHENRY-.
Mr, Guy A. Tortes March 30, 2006 Page 2
, .
Alternatively, if the Ravens Group's protest is a new protest and is not merely an extension of the original protests, the automati~ stay prt~visions wexe again triEgered March 28, 2006, when GAO notified DIA of:the Ravens Group's current protest. As noted above, this stay can only be overridden by a written finding of"urgent and compelling circumstances" or "best interests of the United States" by the he.at[ of the contracting activity on a "nondeIegable basis.'"
Mary Curei0, the General Accountability Office ("GAO") attorney assigned to the abovereferenced protest informed me this afternoon that GAO has not received any notice of an override fr~rn DIA, which notice is required by law. See FAR § 33.104(h)(2): FAR § 33.104(c)(3).
In summary, either a valid override of the original protest is still in effect and the Ravens Group may continue performance of the contract in accordance with that override and law; or. the Ravens Qmup's protest triggered a new autemardc stay which, thus far, DIA has not sought to override. For these ma.~ons, ~he Ravens Group intends t~ continue performance of the abovereferenced contract until such time as the Government takes appropriate action in a~cordance with Federal law.
Ms. Denise B. Carter Chief of Procurement Defense Intelligence Agency Mary G. Curcio Senior Attorney General Accountability Office Mr. Joe Ballard President, The Ravens Group
150
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