Latvian Connection LLC Shareefa Complex 5th Floor Kuwait City, Kuwait Tel: 001 965 950 50 775

September 23, 2012 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 Armys 408ths U.S. ARMY CONTRACTING COMMAND SWAKUWAITs Solicitation W912D1-12-T-0012

Dear Procurement Law Group: Latvian Connection General Trading and Construction LLC, ( LC LLC), Shareefa Complex, 5th Floor, Kuwait City, Kuwait, tel: [001 965 650 50 775]. Email: [keven.barnes@LatvianConnectionLLC.com] , a Central Contracting Registered company ( DUNS 830587791 and CAGE 5GLB3, submits this Pre- Award Protest against the 408ths U.S. ARMY CONTRACTING COMMAND SWA-KUWAIT, Department of the Army which is located at Camp Arifjan, Kuwait for erroneously stating Solicitation W912D1-12-T-0012 was posted on September 17, 2012 ( Exhibit 2 ) when it was not and instead was posted September 18, 2012 ( Exhibit 3 ). The Contracting officer, Nazneen Fakera GS14 CIV USA USA USARCENT 408th. Ms. Fakera is conducting a construction solicitation ( Exhibit 001 ) and giving less than 4 days to receive bids and has left unclear and ambiguous line item number 001. ( Exhibit 4 ). Latvian Connection LLC did make a request for clarification of Line Item 001 and an extension for a reasonable bid due in time so that we, as a Veteran Owned small business operating in Kuwait needed an extension because suppliers were not working on the Arabic weekend which covered half of the period of the solicitation. In Kuwait, businesses that have engineers that can read the drawings and provide estimates close at 2 PM on Thursday afternoon, 20 SEP 2012 and those businesses are closed Friday and Saturday, so 21 SEP 2012 and 22 SEP 2012. The suppliers are saying this is not enough time for a professional quotation to be given. Under FAR 9.601, Latvian connection is allowed to team with companies that have the past performance and expertise, but are not registered to do business with the U.S. Government. This short notice construction type solicitation is universally being declined by very reputable companies in Kuwait that say that the solicitation time is far too short. This prejudices Latvian Connection LLCs opportunity at bidding on this solicitation in a fair and open competition. Latvian Connection LLC requests that the solicitation be conducted for a reasonable amount of time as guaranteed by the Federal Acquisition Regulasions and be cancelled and recompeted or be extended for a reasonable amount of time. This solicitation was erroneously declared to be posted on 17 September when it clearly was not posted until 18 September. Latvian Connection LLC asks that the GAO request that the 408th utilize www.fbo.gov, the Federal Acquisition Regulations only recognized Government Point of Entry and if they want to state that this solicitation is only for the Local Businesses of Kuwait, then state that just as other Agencies do when the utilize a single sole source. FEDBIZOPPS accurately time and date stamps the solicitations. In Kuwait, the USAF just conducted a solicitation for 20 times LESS barriers for 12 days. Camp Arifjan requires 2,980 barriers and the Air Forces 386 ECONS in Kuwait needed only 150 and ran their solicitation for 12 days on www.fbo.gov ( Exhibit 6 )
_____________________________ In accordance with 4 C.F.R. 21.1 (c ) (1), the relevant electronic mail address for this protest is keven.barnes@LatvianConnectionLLC.com ( Representative for the Protester Latvian Connection General Trading and Construction LLC) The Contracting Officer for this procurement is Nazneen Fakera GS14 CIV USA USA USARCENT 408th CSB PARC, Camp Arifjan, Kuwait, APO AE 09366. Ms. Fakeras telephone number is 001- +965 2389 2135, and her email is fakera.nazneen@kuwait.swa.army.mil [ www.usmilitarycontracting.com Solicitation W912D1-12-T-0012]

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The General Counsel U.S. Government Accountability Office September 23, 2012 Per FAR 33.103 Protests to the agency (2) Latvian Connection LLC Shareefa Complex Kuwait City, Kuwait Representative of Protester: Keven Barnes, CEO Email keven.barnes@LatvianConnectionLLC.com

The U.S. Government Accountability Office (GAO) should sustain this protest, stay the performance of the Contract, and direct the Department of the Armys 408ths U.S. ARMY CONTRACTING COMMAND SWA-KUWAIT to repair the defects in Solicitation W912D1-12-T-0012 and to extend to a reasonable length of time, or to re-compete this solicitation using full and open competition and post the solicitation on FEDBIZOPPS, the Federal Acquisition Regulations only recognized GPE ( Government Point of Entry ) and direct the Department of the Armys 408ths U.S.
ARMY CONTRACTING COMMAND SWA-KUWAITs Solicitation W912D1-12-T-0012 to accurately post their solicitations and date and time stamp that posting.

INTERESTED PARTY STATUS As discussed below LC LLC seeks to compete for the contract that the proposed RFP (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 Armys 408ths U.S. ARMY CONTRACTING COMMAND SWA-KUWAIT evaluates Latvian Connections timely proposal, LC LLC, a 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. TIMELINESS OF THIS PROTEST The Post-Award protest against the Department of the Armys 408ths U.S. ARMY CONTRACTING COMMAND SWA-KUWAITs Solicitation W912D1-12-T-0012 is timely if: 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 and is filed before the bid due in time of 1100 Local Kuwait time on 23 SEP 2012

FACTUAL GROUNDS OF THE PROTEST 1. The RFP The Department of the Armys 408ths U.S. ARMY CONTRACTING COMMAND SWA-KUWAIT issued the RFP on 18 SEP 2012. (Exhibit 1) electronically by posting it on the commercial website, www.usmilitarycontracting.com under the section Kuwait, http://www.usmilitarycontracting.com. The bid due in date was 23 SEP 2012. The solicitation was a concrete barriers of various sizes and for them to be constructed with samples to be provided. Quotes were to include pictures, technical data and specifications. The quotation was to be evaluated under FAR 52.212-2 Commercial

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The General Counsel U.S. Government Accountability Office September 23, 2012 items and Contracting Officer, Nazneen Fakera listed that quotes would be evaluated on price and technical ( Exhibit 1 ). The solicitation was conducted under FAR Part 12 Commercial Items. The RFQ was supposedly released on 17 September 2012, but was not actually released until 18 September 2012 ( Exhibits 2 and 3 ). The Arabic weekend in Kuwait starts Thursday afternoon at 3 PM and included Friday and Saturday. The solicitation would have run the 20th, 21st, and 22nd, with the bid due in the morning of 23 SEP 2012 at 1100. It really demonstrates that Camp Arifjan still has an ongoing problem with conducting fair and open competitions and that pre-selection of contractors is alive and well on the base despite its historical record regarding circumventing the Competition in Contracting Act.

II.

Latvian Connection LLCs Proposal

Latvian Connection LLC, a Small Business Administration registered company that is a Veteran-Owned Business, is a company that would like the opportunity to bid in a fair and open competition on this RFP and to be evaluated based on a solicitation that is posted for a reasonable length of time and with clear Line items to bid upon. Latvian Connection LLC will be using a Teaming Partner to work with under FAR 9.601. So far, well established Kuwait companies, that are top grade contractors say that this solicitation doesnt have enough time for them to provide an estimate. If there were a reasonable amount of time, then Latvian Connection LLC could place a responsible and responsive bid for these 2,980 barriers. Request of a ruling by the Comptroller General of the United States Latvian Connection LLC specifically requests that a ruling be made about the Pre-Award protest of Solicitation W912D1-12-T-0012 and ask the Department of the Armys 408ths U.S. ARMY CONTRACTING COMMAND SWA-KUWAITs to take corrective action and start posting their solicitations on www.fbo.gov and to either extend this solicitation by 5 business days or cancel the solicitation and re-compete the solicitation with a reasonable amount of time for a construction-type contract which this is based on the drawings and materials. Latvian Connection LLC further requests that Camp Arifjan contracting officers recognize that Latvian Connection LLC is a U.S. SBA registered and Veteran Owned business and that this and some other solicitations, just as is happening under the Army Contracting Command in Iraq and Afghanistan, be a Set-Aside and that more Set-Aside opportunities be afforded Latvian Connection LLC as a category of business that is classified and is qualified by the SBA as a U.S. Registered Small Business. President Obamas memo on contracting with U.S. Registered Small businesses went out to all Agencies on ( Exhibit 5 ) and it clearly gives that direction to all agencies including the U.S. Department of the Army to give SetAsides to U.S. Registered Small Businesses. 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.

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The General Counsel U.S. Government Accountability Office September 23, 2012 LEGAL GROUNDS OF PROTEST I. There is Overwhelming Evidence of Latvian Connection LLC requested a time extension to not only the contracting officer, but to the Legal Department and that request was not answered, instead it was cited that they could not open a ZIP file. The PDF showing the solicitation was not in a ZIP file. The solicitation was not posted on 17 September 2012 as the erroneous posting on 18 SEPT 2012 shows. ( Exhibit 2 and 3). The Armys 408ths U.S. ARMY CONTRACTING COMMAND SWA-KUWAIT has a fundamental obligation to have procedures not only to receive offers and quotations, but to also give a reasonable amount of time for bidders to make an educated bid based on the solicitation materials. East West Research Inc., B239565, B-239566, Aug. 21, 1990, 90-2 CPD 147 at 4, aff'd, Defense Logistics Agency--Recon., B239565.2, B-239566.2, Mar. 19, 1991, 91-1 CPD 298 at 2-3. Latvian Connection LLC was prejudiced by the contracting officer by not allowing enough time to conduct a construction-type solicitation that clearly could not be conducted in 4 days running over a weekend. Contracting officers generally are required to set aside for small business all procurements exceeding $150,000 if there is a reasonable expectation of receiving fair market price offers from at least two responsible small business concerns. Federal Acquisition Regulation (FAR) 19.502-2(b). A partial set-aside must be made if a total set-aside is not appropriate, the requirement is severable into two or more economic production runs or reasonable lots, and one or more small business concerns are expected to have the technical competence and productive capacity to satisfy the set-aside portion at a reasonable price. FAR 19.502-3(a). FAR 19.202-2 generally requires contracting officers, before issuing solicitations, to make every reasonable effort to find additional small business concerns and to maximize small business participation. The Army Contracting Command made no effort at all to locate small business concerns in Kuwait. This solicitation easily exceeds $ 150,000 in value. Army Contracting Command Kuwait was Unreasonable

II.

III.

IV.

By Contracting Officer, Nazneen Fakera purposely allowed only four days to receive analyze the solicitation documents and for engineers to give an estimated bid, and by erroneously listing the solicitation as released on 17 SEPT 2012 the Army Contracting Command Kuwait was unreasonable in the length of time they are conducting this solicitation 4 days and that covered a weekend. Camp Arifjan Contracting Officers have a pattern of these erroneous postings and the illegal use of a commercial site to conduct U.S. Government business. The Department of the Air Forces 386 ECONS conducted a similar, yet much smaller solicitation for just 150 barriers and those contracting officers ran the solicitation for 12 days from 17 AUG 2012 to 29 AUG 2012. ( Exhibit 6 ) This solicitation being conducted by Camp Arifjans 408th is for 2,980 barriers, or 20 times more barriers than the Department of the Air Forces 386 ECONs located in Kuwait at Ali Al Salem Air Base. V. Latvian Connection LLC Has Been Prejudiced

Prejudice requires a reasonable likeliehood that Latvian Connection LLC would have been awarded the Contract if we had been allowed the opportunity of a reasonable amount of time for the solicitation to be conducted and that CLIN 001 was clarified as it is not clear. Such a determination is not susceptible to a precise mathematical calculation; rather, prejudice requires only that but for the agencys 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 Intl. Engg., Inc., B-245448.3, Jan 29, 1992, 92-1 C.P.D. 122. Europe Displays, Inc., B-297099. The fact that another Department of Defense Agency conducted a similar solicitation that had a quantity that was 20 times smaller, yet conducted their solicitation for more than double the length of time and the USAF used the Federal Governments required GPE for electronic solicitations www.fbo.gov. ( Exhibit 6 )

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The General Counsel U.S. Government Accountability Office September 23, 2012

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 Question posted by all bidders that refer this RFP. The Answers give to those bidders. The Contract as proposed 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 Kuwait. All documents that refer or relate to the efforts to increase competition All documents that refer or relate to the Contracting Officers Market Research The Bid Abstract and Evaluations

REQUEST FOR RELIEF AND CONCLUSION Latvian Connection LLC requests that the agency cancel the solicitation and run the solicitation on www.fbo.gov for at least 2 weeks given the Order of Magnitude of 2,980 barriers. Latvian Connection LLC requests that this solicitation be conducted as a Set-Aside for Veteran-Owned business that are registered as Local in Kuwait and that the Department of the Army instruct the Armys 408ths U.S. ARMY CONTRACTING COMMAND SWA-KUWAIT to fulfill the requirement that 23 % of all dollars they spend in Kuwait is with U.S. Registered Small Businesses and specifically Veteran-Owned businesses. 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).

Respectfully submitted,

Keven L. Barnes

__________________________ Keven L. Barnes CEO Latvian Connection LLC

Digitally signed by Keven L. Barnes DN: cn=Keven L. Barnes, o=Latvian Connection LLC, ou, email=keven.barnes@latvia nconnectionllc.com, c=US Date: 2012.09.23 11:01:01 +08'00'