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  • 525 PM Sba Attorny B-407391.2 Protest of Sba Request To Dismiss PDF

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    GAO_B407972
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    Mr. Crosby, Latvian Connection LLC's evaluation of local market sources showed of the Video Wall was that the value of the project would exceed $ 150,000 and a set-aside was not sought. However, Latvian Connection LLC is a Small Business that is covered under the Small Business Act. By Latvian Connection LLC being a Veteran-Owned business and FAR 5.201 states that: 5.201 General. (a) As required by the Small Business Act (15 U.S.C. 637(e)) and the Office of Federal Procurement Policy Act (41 U.S.C. 416), agencies must make notices of proposed contract actions available as specified in paragraph (b) of this section. (b)(1) For acquisitions of supplies and services, other than those covered by the exceptions in 5.202 and the special situations in 5.205, the contracting officer must transmit a notice to the GPE, for each proposed— (i) Contract action meeting the threshold in 5.101(a)(1); (ii) Modification to an existing contract for additional supplies or services that meets the threshold in 5.101(a)(1); or (iii) Contract action in any amount when advantageous to the Government. (2) When transmitting notices using electronic commerce, contracting officers must ensure the notice is forwarded to the GPE. (c) The primary purposes of the notice are to improve small business access to acquisition information and enhance competition by identifying contracting and subcontracting opportunities. (d) The GPE may be accessed via the Internet at http://www.fedbizopps.gov. Latvian Connection LLC believes that solicitations should be posted on www.fbo.gov as it is the only approved GPE in the FAR. www.usmilitarycontracting.com is a commercial site and is NOT subject to Freedom of Information Act requests. (2 ) says that the notices should be forwarded to the GPE. And worse is that the site doesn't time and date stamp solicitations and now doesn't appear to even function. The site doesn't meet the requirements of being the GPE discussed in 5.201. And 2 ( c ) says that the primary purpose of the notice are to improve small business access to acquisition information and enhance competition for identifying contracting and subcontracting opportunities. Camp Arifjan contracting office is not complying with FAR 5.201 in regards to knowing that Latvian Connection LLC is a Small Business and not complying with set-asides when the value does fall between $ 3,000 to $ 150,000. To date, the Camp Arifjan Contracting Commander, LTC Scuteri has ignored requests under FAR 5.102 for copies of solicitations not electronically posted and continue to circumvent the Competition in Contracting Act. Latvian Connection LLC has been continually denied opportunities to bid on contracts due to Camp Arifjan's on-going concealment of solicitations and actions exactly like what has occurred with this solicitation and the other 2 solicitations that Camp Arifjan cancelled as a pretext to not answer a GAO Report. Latvian Connection LLC doesn't see that FAR 5.201 refers to any set-aside, it refers to Small Businesses and the opportunities for them to have visibility on solicitations. The Simplified Acquisition Threshold for Camp Arifjan far exceeds the $150,000 mark and the issue in reference to this is that Camp Arifjan contracting officers should be posting solicitations on the GPE ( www.fbo.gov ). FAR 5.201 is the legal grounds that the Army do not seems to be seeing in the Protest for Latvian Connection LLC as a legal basis to expect that the Army will post its solicitations and link them to the approved GPE. The GAO didn’t decide GAO B-407391 W912D1-12-T-0070 LAMs because that solicitation too was allowed to be dismissed by Counsel Susan A. Poling, Not Mr. Briones, after yet another pretext cancellation of the solicitation by Camp Arifjan as a tactic that is recognized by the Small Business Administration as a way to escape the GAO Protest Decision because the Army rely on the dismissal due to it being rend

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    20130110 525 PM SBA ATTORNY B-407391.2 PROTEST OF SBA REQUEST TO DISMISS.pdf

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    Mr. Crosby, Latvian Connection LLC's evaluation of local market sources showed of the Video Wall was that the value of the project would exceed $ 150,000 and a set-aside was not sought. However, Latvian Connection LLC is a Small Business that is covered under the Small Business Act. By Latvian Connection LLC being a Veteran-Owned business and FAR 5.201 states that: 5.201 General. (a) As required by the Small Business Act (15 U.S.C. 637(e)) and the Office of Federal Procurement Policy Act (41 U.S.C. 416), agencies must make notices of proposed contract actions available as specified in paragraph (b) of this section. (b)(1) For acquisitions of supplies and services, other than those covered by the exceptions in 5.202 and the special situations in 5.205, the contracting officer must transmit a notice to the GPE, for each proposed— (i) Contract action meeting the threshold in 5.101(a)(1); (ii) Modification to an existing contract for additional supplies or services that meets the threshold in 5.101(a)(1); or (iii) Contract action in any amount when advantageous to the Government. (2) When transmitting notices using electronic commerce, contracting officers must ensure the notice is forwarded to the GPE. (c) The primary purposes of the notice are to improve small business access to acquisition information and enhance competition by identifying contracting and subcontracting opportunities. (d) The GPE may be accessed via the Internet at http://www.fedbizopps.gov. Latvian Connection LLC believes that solicitations should be posted on www.fbo.gov as it is the only approved GPE in the FAR. www.usmilitarycontracting.com is a commercial site and is NOT subject to Freedom of Information Act requests. (2 ) says that the notices should be forwarded to the GPE. And worse is that the site doesn't time and date stamp solicitations and now doesn't appear to even function. The site doesn't meet the requirements of being the GPE discussed in 5.201. And 2 ( c ) says that the primary purpose of the notice are to improve small business access to acquisition information and enhance competition for identifying contracting and subcontracting opportunities. Camp Arifjan contracting office is not complying with FAR 5.201 in regards to knowing that Latvian Connection LLC is a Small Business and not complying with set-asides when the value does fall between $ 3,000 to $ 150,000. To date, the Camp Arifjan Contracting Commander, LTC Scuteri has ignored requests under FAR 5.102 for copies of solicitations not electronically posted and continue to circumvent the Competition in Contracting Act. Latvian Connection LLC has been continually denied opportunities to bid on contracts due to Camp Arifjan's on-going concealment of solicitations and actions exactly like what has occurred with this solicitation and the other 2 solicitations that Camp Arifjan cancelled as a pretext to not answer a GAO Report. Latvian Connection LLC doesn't see that FAR 5.201 refers to any set-aside, it refers to Small Businesses and the opportunities for them to have visibility on solicitations. The Simplified Acquisition Threshold for Camp Arifjan far exceeds the $150,000 mark and the issue in reference to this is that Camp Arifjan contracting officers should be posting solicitations on the GPE ( www.fbo.gov ). FAR 5.201 is the legal grounds that the Army do not seems to be seeing in the Protest for Latvian Connection LLC as a legal basis to expect that the Army will post its solicitations and link them to the approved GPE. The GAO didn’t decide GAO B-407391 W912D1-12-T-0070 LAMs because that solicitation too was allowed to be dismissed by Counsel Susan A. Poling, Not Mr. Briones, after yet another pretext cancellation of the solicitation by Camp Arifjan as a tactic that is recognized by the Small Business Administration as a way to escape the GAO Protest Decision because the Army rely on the dismissal due to it being rend

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    525 PM Sba Attorny B-407391.2 Protest of Sba Request To Dismiss PDF

    Enviado por

    GAO_B407972
    Mr. Crosby, Latvian Connection LLC's evaluation of local market sources showed of the Video Wall was that the value of the project would exceed $ 150,000 and a set-aside was not sought. However, Latvian Connection LLC is a Small Business that is covered under the Small Business Act. By Latvian Connection LLC being a Veteran-Owned business and FAR 5.201 states that: 5.201 General. (a) As required by the Small Business Act (15 U.S.C. 637(e)) and the Office of Federal Procurement Policy Act (41 U.S.C. 416), agencies must make notices of proposed contract actions available as specified in paragraph (b) of this section. (b)(1) For acquisitions of supplies and services, other than those covered by the exceptions in 5.202 and the special situations in 5.205, the contracting officer must transmit a notice to the GPE, for each proposed— (i) Contract action meeting the threshold in 5.101(a)(1); (ii) Modification to an existing contract for additional supplies or services that meets the threshold in 5.101(a)(1); or (iii) Contract action in any amount when advantageous to the Government. (2) When transmitting notices using electronic commerce, contracting officers must ensure the notice is forwarded to the GPE. (c) The primary purposes of the notice are to improve small business access to acquisition information and enhance competition by identifying contracting and subcontracting opportunities. (d) The GPE may be accessed via the Internet at http://www.fedbizopps.gov. Latvian Connection LLC believes that solicitations should be posted on www.fbo.gov as it is the only approved GPE in the FAR. www.usmilitarycontracting.com is a commercial site and is NOT subject to Freedom of Information Act requests. (2 ) says that the notices should be forwarded to the GPE. And worse is that the site doesn't time and date stamp solicitations and now doesn't appear to even function. The site doesn't meet the requirements of being the GPE discussed in 5.201. And 2 ( c ) says that the primary purpose of the notice are to improve small business access to acquisition information and enhance competition for identifying contracting and subcontracting opportunities. Camp Arifjan contracting office is not complying with FAR 5.201 in regards to knowing that Latvian Connection LLC is a Small Business and not complying with set-asides when the value does fall between $ 3,000 to $ 150,000. To date, the Camp Arifjan Contracting Commander, LTC Scuteri has ignored requests under FAR 5.102 for copies of solicitations not electronically posted and continue to circumvent the Competition in Contracting Act. Latvian Connection LLC has been continually denied opportunities to bid on contracts due to Camp Arifjan's on-going concealment of solicitations and actions exactly like what has occurred with this solicitation and the other 2 solicitations that Camp Arifjan cancelled as a pretext to not answer a GAO Report. Latvian Connection LLC doesn't see that FAR 5.201 refers to any set-aside, it refers to Small Businesses and the opportunities for them to have visibility on solicitations. The Simplified Acquisition Threshold for Camp Arifjan far exceeds the $150,000 mark and the issue in reference to this is that Camp Arifjan contracting officers should be posting solicitations on the GPE ( www.fbo.gov ). FAR 5.201 is the legal grounds that the Army do not seems to be seeing in the Protest for Latvian Connection LLC as a legal basis to expect that the Army will post its solicitations and link them to the approved GPE. The GAO didn’t decide GAO B-407391 W912D1-12-T-0070 LAMs because that solicitation too was allowed to be dismissed by Counsel Susan A. Poling, Not Mr. Briones, after yet another pretext cancellation of the solicitation by Camp Arifjan as a tactic that is recognized by the Small Business Administration as a way to escape the GAO Protest Decision because the Army rely on the dismissal due to it being rend

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    de 2

    Keven Barnes

    From: Sent: To: Cc: Subject: Mann Eyester, Laura [laura.manneyester@sba.gov] Thursday, January 10, 2013 5:25 PM Schiavetti, Anthony F CPT USARMY HQDA OTJAG (US); 'protests@gao.gov' jordanp@gao.gov; 'keven.barnes@latvianconnectionllc.com'; Klein, John W.; Koppel, Dean Robert RE: B-407391.2 - Protest of the Small Business Administration - Request to Dismiss (UNCLASSIFIED)

    TheSBAwouldagreethatthecancellationofthesolicitationmayrendertheprotest academic.IftheGAOamendsitspriordecisionanddismissestheprotestasacademic,then SBAwouldagreethatthematterisclosed.However,iftheGAOdecisiondismissingthe protestbecauseLatvianfailedtoargueorshowinitsprotestthattherewereatleasttwo smallbusinessesthatcouldperformthisrequirementstands,thenSBAbelievesthatGAOmust issueadecisiononSBA'sRequestforReconsideration.GAO'sdismissalinLatvianConnection LLC,B407391,Dec.12,2012hascreatedprecedentthatSBAbelievesiscontraryto15(j)of theSmallBusinessAct,19.5022oftheFederalAcquisitionRegulation,andGAOrulingson smallbusinesssetasides,allofwhichstatethatsmallbusinesssetasidesbelowthe simplifiedacquisitionthresholdareautomatic;inotherwords,acontractingofficermust setasidetheacquisitionforsmallbusinessunlesshe/shecandemonstratethattheagency willnotreceiveatleasttwocompetitiveoffersfromsmallbusinesses. Respectfullysubmitted, LauraEyester OriginalMessage From:Schiavetti,AnthonyFCPTUSARMYHQDAOTJAG(US) [mailto:anthony.f.schiavetti.mil@mail.mil] Sent:Wednesday,January09,20139:48AM To:'protests@gao.gov' Cc:jordanp@gao.gov;MannEyester,Laura;'keven.barnes@latvianconnectionllc.com'; Schiavetti,AnthonyFCPTUSARMYHQDAOTJAG(US) Subject:B407391.2ProtestoftheSmallBusinessAdministrationRequesttoDismiss (UNCLASSIFIED) Classification:UNCLASSIFIED Caveats:NONE Mr.Jordan: AttachedpleasefindarequesttodismisstheprotestoftheSmallBusinessAdministration, B407391.2,asthesolicitationinquestionhasbeencancelled.TheArmybelievesthe cancellationofthesolicitationrenderstheprotestacademic. Attachedtothisemailaretwodocuments:theArmy'srequest,andastatementoffactsfrom thecontractingoffice(AttachmentA).Neitherthisemailnortheattachmentcontains protectedmaterial. Pleaseletmeknowifyouhaveanyquestions. VeryRespectfully, AnthonyF.Schiavetti
    1

    Captain,U.S.Army TrialAttorney TrialTeamIII Contract&FiscalLawDivision U.S.ArmyLegalServicesAgency 9275GunstonRoad FortBelvoir,VA220605546 Email:anthony.f.schiavetti.mil@mail.mil Tele:(703)6931223DSN3122231223 Fax:(703)8060655 Thisemail,andanyattachmentsthereto,isintendedonlyforusebythe addressee(s)namedhereinandmaycontainlegallyprivilegedand/orconfidentialinformation. Ifyouarenottheintendedrecipientofthisemail,youarenotifiedthatany dissemination,distributionorcopyingofthisemail,andanyattachmentsthereto,is strictlyprohibited.Ifyouhavereceivedthisemailinerror,pleasenotifymeby telephoneandpermanentlydeleteanyprintoutofthemessage,theoriginalandanycopyof theemail. AttorneyClientPrivilege,AttorneyWorkProduct,DoNotCopy,DoNotForward,DoNotRelease UnderFOIA. Classification:UNCLASSIFIED Caveats:NONE

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