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GAO-14-276SP 1 (2014-01-02)

handle is hein.gao/gaobadpzk0001 and id is 1 raw text is: G A U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.Wo Washington, DC 20548 B-158766 January 2, 2014 Re: GAO Bid Protest Annual Report to Congress for Fiscal Year 2013 Congressional Committees: This letter responds to the requirements of the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2) (CICA), that the Comptroller General report to Congress each instance in which a federal agency did not fully implement a recommendation made by our Office in connection with a bid protest decided the prior fiscal year. We also provide data concerning our overall protest filings for the fiscal year. Finally, this letter addresses the requirement that our report include a summary of the most prevalent grounds for sustaining protests during the preceding year, Id. Agency Failures to Fully Implement Recommendations For fiscal year 2013, federal agencies have twice decided not to fully implement recommendations made by our Office in connection with bid protests. First, by letter dated December 12, 2012, a copy of which is enclosed, we reported one such occurrence involving the Department of Housing and Urban Development (HUD): Assisted Housing Services Corp., et al., B-406738 et al., August 15, 2012, 2012 CPD T 236 (available on our website). As explained in our December 12 letter, we sustained the protests finding that HUD's use of a notice of funding availability (NOFA) that results in the issuance of cooperative agreements, rather than a procurement instrument that results in the award of a contract, was improper because the principal purpose of the NOFA was to obtain contract administration services for HUD's direct benefit and use, contrary to the Federal Grant and Cooperative Agreement Act, 31 US C. §§ 6301-6308 Second, we sustained 16 protests in fiscal year 2013 finding that the use by the Department of Veterans Affairs (VA) of General Services Administration Federal Supply Schedule procedures, without first considering whether two or more service-disabled veteran-owned small business or veteran-owned small business concerns were capable of meeting the agency's requirements at a reasonable price, was contrary to the Veterans Benefits, Health Care, and Information Technology Act of 2006, 38 U.S.C. §§ 8127-8128. In each instance, the VA declined to implement our recommendation.' All of these protests were addressed in two separate decisions available on our website. They are: Aldevra; Kingdomware Technologies, B-406950 et al., Oct. 9, 2012; and Aldevra, B-407312 et al., Nov. 21, 2012, GAO reported 18 similar cases in the FY 2012 Annual Report (GAO-13-162SP, Nov. 13, 2012). In light of actions by he VA and the Court of Federal Claims, we no longer hear protests where this is the only issue raised, Kindomware Techs.-Recon., B-407232.2, Dec. 13, 2012. GAO-14-276SP

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