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Sat Feb 16 2013 1229 AM Response to Matthew Crosby ( GAO Sr Attorney )

Sat Feb 16 2013 1229 AM Response to Matthew Crosby ( GAO Sr Attorney )

Ratings: (0)|Views: 89 |Likes:
Published by GAO_B407972

Mr. Crosby,



Latvian Connection LLC asserts that the cancellation decision lacked credibility and was a "pretext" to avoid having to make award to Latvian Connection and to "avoid resolution of the protest." Cycad Corp., B-255870, Apr. 12, 1994, 94-1 CPD para. 253 at 5.



When a procuring agency takes corrective action in response to a protest, the GAO may recommend reimbursement of protest costs if, based on the circumstances of the case, and it is clear that the agency unduly delayed taking corrective action in the face of a clearly meritorious protest. 4 C.F.R. sect. 21.8(e) (2009); AAR Aircraft Servs.--Costs, B-291670.6, May 12, 2003, 2003 CPD para. 100 at 6. A protest is clearly meritorious where a reasonable agency inquiry into the protest allegations would have shown facts disclosing the absence of a defensible legal position. Core Tech Int'l Corp.--Costs, B‑400047.2, Mar. 11, 2009, 2009 CPD para. 59 at 6. The Agency could not defend the conduct of the contracting officer or her commander on solicitation W912D1-13-R-0003.



Camp Arifjan Contracting Officer and it's contracting Commander, LTC Michael Scuteri, cancelled the solicitation as a pretext

to avoid resolution of a protest.(197) 197/ Gonzales-McCaulley Inv. Group, Inc.,Comp. Gen. Dec. B-299936.2, 2007 CPD ¶ 192, 49 GC ¶ 451. That cancellation was made within 28 hours of the GAO's request for a Report from the Agency. LTC Colonel Scuteri acted in bad faith against Veteran Owned Business, Latvian Connection LLC for filing a protest about a solicitation, so poorly written, administered, and posted, that the only way the solicitation was going to be corrected after unresponsiveness of his contracting officers and Legal Team, was by the filing of a GAO Level Protest to illicit some professional contracting actions that resembled what is expected under the Federal Acquisition Regulations.



This solicitation is an example of the level of Procurement Professionalism originating in 2013 from the 408th Contracting under the leadership of LTC Scuteri and BG Theodore C. Harrison’s that, unlike what BG Harrison states in http://www.army.mil/ecc/, The 408th located at Camp Arifjan, Kuwait are continuing to deliver substandard solicitations and this is just another in a series of unprofessional solicitations that are more designed to mislead, that to comply with FAR Part 5. However, with the continued biased assistance of the GAO, and attorneys like Mr. Crosby, Veteran Owned businesses like Latvian Connection LLC will be prejudiced and mislead by the ongoing contracting irregularities that was identified in both the Gansler report and a report on Camp Arifjan called the Fraud Triangle, by Army MAJ Amanda Flint in what is described as a case study into Procurement Integrity in Contingency Operations. This solicitation demonstrates that the fundamentals of conducting a simple solicitation still have not been achieved 4 years after the creation of the Army Contracting Command, even with that paid assistance of Contractor CACI working in the Camp Arifjan’s contracting office.







On Pg 4 of the Congressional Hearing in 2011, Dr. Gansler stated: “ Writing requirements and issuing contracts, clearly these are inherently governmental functions;

to acquire services is more difficult and requires high-quality, experienced government contracting and program-management personnel. “ Dr. Gansler also said “Investigation and

conviction rates indicate that Army CCOs are involved in the commission of fraud by a significantly higher percentage in comparison to contracting officers in the other Services, despite being the minority of contracting personn

Mr. Crosby,



Latvian Connection LLC asserts that the cancellation decision lacked credibility and was a "pretext" to avoid having to make award to Latvian Connection and to "avoid resolution of the protest." Cycad Corp., B-255870, Apr. 12, 1994, 94-1 CPD para. 253 at 5.



When a procuring agency takes corrective action in response to a protest, the GAO may recommend reimbursement of protest costs if, based on the circumstances of the case, and it is clear that the agency unduly delayed taking corrective action in the face of a clearly meritorious protest. 4 C.F.R. sect. 21.8(e) (2009); AAR Aircraft Servs.--Costs, B-291670.6, May 12, 2003, 2003 CPD para. 100 at 6. A protest is clearly meritorious where a reasonable agency inquiry into the protest allegations would have shown facts disclosing the absence of a defensible legal position. Core Tech Int'l Corp.--Costs, B‑400047.2, Mar. 11, 2009, 2009 CPD para. 59 at 6. The Agency could not defend the conduct of the contracting officer or her commander on solicitation W912D1-13-R-0003.



Camp Arifjan Contracting Officer and it's contracting Commander, LTC Michael Scuteri, cancelled the solicitation as a pretext

to avoid resolution of a protest.(197) 197/ Gonzales-McCaulley Inv. Group, Inc.,Comp. Gen. Dec. B-299936.2, 2007 CPD ¶ 192, 49 GC ¶ 451. That cancellation was made within 28 hours of the GAO's request for a Report from the Agency. LTC Colonel Scuteri acted in bad faith against Veteran Owned Business, Latvian Connection LLC for filing a protest about a solicitation, so poorly written, administered, and posted, that the only way the solicitation was going to be corrected after unresponsiveness of his contracting officers and Legal Team, was by the filing of a GAO Level Protest to illicit some professional contracting actions that resembled what is expected under the Federal Acquisition Regulations.



This solicitation is an example of the level of Procurement Professionalism originating in 2013 from the 408th Contracting under the leadership of LTC Scuteri and BG Theodore C. Harrison’s that, unlike what BG Harrison states in http://www.army.mil/ecc/, The 408th located at Camp Arifjan, Kuwait are continuing to deliver substandard solicitations and this is just another in a series of unprofessional solicitations that are more designed to mislead, that to comply with FAR Part 5. However, with the continued biased assistance of the GAO, and attorneys like Mr. Crosby, Veteran Owned businesses like Latvian Connection LLC will be prejudiced and mislead by the ongoing contracting irregularities that was identified in both the Gansler report and a report on Camp Arifjan called the Fraud Triangle, by Army MAJ Amanda Flint in what is described as a case study into Procurement Integrity in Contingency Operations. This solicitation demonstrates that the fundamentals of conducting a simple solicitation still have not been achieved 4 years after the creation of the Army Contracting Command, even with that paid assistance of Contractor CACI working in the Camp Arifjan’s contracting office.







On Pg 4 of the Congressional Hearing in 2011, Dr. Gansler stated: “ Writing requirements and issuing contracts, clearly these are inherently governmental functions;

to acquire services is more difficult and requires high-quality, experienced government contracting and program-management personnel. “ Dr. Gansler also said “Investigation and

conviction rates indicate that Army CCOs are involved in the commission of fraud by a significantly higher percentage in comparison to contracting officers in the other Services, despite being the minority of contracting personn

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Published by: GAO_B407972 on Feb 16, 2013
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09/17/2013

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1
Keven Barnes
From:
Keven Barnes [keven.barnes@latvianconnectionllc.com]
Sent:
Saturday, February 16, 2013 12:29 AM
To:
'crosbym@gao.gov'; 'crosbym@gao.gov.rpost.org'
Subject:
FW: B-407972; Protest of Latvian Connection LLC; Motion to Dismiss (UNCLASSIFIED))))))))))))))))) RESPONSE AND OBJECTION TO CANCELLATION TO AVOIDRESOLUTION OF PROTEST (((((((((((((((
 Attachments:
Bid Protest GAO W912D1-13-R-0003 28 JAN 2013 (CORRECTED COPY ).pdf; GAOHQ-#6109636-v1-B-407972_1 __LATVIAN_CONNECTION__LLC__ACK_CONF_PACKAGE_WITHOUT_PROTECTIVE_ORDER.pdf; Request to Dismiss Protest - Cancellation of Solicitation - B-407972.pdf.pdf; KOMemo - B-407972.pdf.pdf; FRAUD TRIANGLE.pdf; hearing2011-04-25_transcript.pdf 
BY
 
REGISTERED
 
EMAIL
 
Keven
 
L.
 
Barnes
 
CEO
 
MSgt
 
(USAF)
 
Ret.
 
United
 
States
 
530
 
999
 
3322
 
Mobile
 
(
 
Kuwait
 
)
 
00
 
965
 
501
 
22
 
072
 
keven.barnes@LatvianConnectionLLC.com
 
www.LatvianConnectionLLC.com
 
CAGE:
 
SGM59
 
DUNS:
 
534749622
 
CALIFORNIA
 
DUNS
 
830587791
 
CAGE
 
5GLB3
 
From:
Keven Barnes [mailto:keven.barnes@latvianconnectionllc.com]
Sent:
Saturday, February 16, 2013 12:26 AM
To:
'protests@gao.gov'; 'crosbym@gao.gov'
Cc:
'Scuteri, Michael F LTC USARMY (US)'; 'Schiavetti, Anthony F CPT USARMY HQDA OTJAG (US)'; 'Wilder, Charles J IICIV (US)'; 'Davis, Patrick L MAJ USARMY 408 CONTR SPT BDE (US)'; 'Mann Eyester, Laura'
Subject:
RE: B-407972; Protest of Latvian Connection LLC; Motion to Dismiss (UNCLASSIFIED) )))))))))))))))) RESPONSE AND OBJECTION TO CANCELLATION TO AVOID RESOLUTION OF PROTEST (((((((((((((((
Mr.
 
Crosby,
 
Latvian
 
Connection
 
LLC
 
asserts
 
that
 
the
 
cancellation
 
decision
 
lacked
 
credibility
 
and
 
was
 
a
 
"pretext"
 
to
 
avoid
 
having
 
to
 
make
 
award
 
to
 
Latvian
 
Connection
 
and
 
to
 
"avoid
 
resolution
 
of
 
the
 
protest."
 
Cycad
 
Corp.,
 
B
255870,
 
Apr.
 
12,
 
1994,
 
94
1
 
CPD
 
para.
 
253
 
at
 
5.
 
When
 
a
 
procuring
 
agency
 
takes
 
corrective
 
action
 
in
 
response
 
to
 
a
 
protest,
 
the
 
GAO
 
may
 
recommend
 
reimbursement
 
of
 
protest
 
costs
 
if,
 
based
 
on
 
the
 
circumstances
 
of
 
the
 
case,
 
and
 
it
 
is
 
clear
 
that
 
the
 
agency
 
unduly
 
delayed
 
taking
 
corrective
 
action
 
in
 
the
 
face
 
of
 
a
 
clearly
 
meritorious
 
protest.
 
4
 
C.F.R.
 
sect.
 
21.8(e)
 
(2009);
 
AAR
 
Aircraft
 
Servs.
‐‐
Costs,
 
B
291670.6,
 
May
 
12,
 
2003,
 
2003
 
CPD
 
para.
 
100
 
at
 
6.
 
A
 
protest
 
is
 
clearly
 
meritorious
 
where
 
a
 
reasonable
 
agency
 
inquiry
 
into
 
the
 
protest
 
allegations
 
would
 
have
 
shown
 
facts
 
disclosing
 
the
 
absence
 
of
 
a
 
defensible
 
legal
 
position.
 
Core
 
Tech
 
Int'l
 
Corp.
‐‐
Costs,
 
B
-
400047.2,
 
Mar.
 
11,
 
2009,
 
2009
 
 
2
CPD
 
para.
 
59
 
at
 
6.
 
The
 
Agency
 
could
 
not
 
defend
 
the
 
conduct
 
of
 
the
 
contracting
 
officer
 
or
 
her
 
commander
 
on
 
solicitation
 
W912D1
13
R
0003.
 
Camp
 
Arifjan
 
Contracting
 
Officer
 
and
 
it's
 
contracting
 
Commander,
 
LTC
 
Michael
 
Scuteri,
 
cancelled
 
the
 
solicitation
 
as
 
a
 
pretext
 
to
 
avoid
 
resolution
 
of
 
a
 
protest.(197)
 
197/
 
Gonzales
McCaulley
 
Inv.
 
Group,
 
Inc.,Comp.
 
Gen.
 
Dec.
 
B
299936.2,
 
2007
 
CPD
 
 
192,
 
49
 
GC
 
 
451.
 
That
 
cancellation
 
was
 
made
 
within
 
28
 
hours
 
of
 
the
 
GAO's
 
request
 
for
 
a
 
Report
 
from
 
the
 
Agency.
 
LTC
 
Colonel
 
Scuteri
 
acted
 
in
 
bad
 
faith
 
against
 
Veteran
 
Owned
 
Business,
 
Latvian
 
Connection
 
LLC
 
for
 
filing
 
a
 
protest
 
about
 
a
 
solicitation,
 
so
 
poorly
 
written,
 
administered,
 
and
 
posted,
 
that
 
the
 
only
 
way
 
the
 
solicitation
 
was
 
going
 
to
 
be
 
corrected
 
after
 
unresponsiveness
 
of
 
his
 
contracting
 
officers
 
and
 
Legal
 
Team,
 
was
 
by
 
the
 
filing
 
of
 
a
 
GAO
 
Level
 
Protest
 
to
 
illicit
 
some
 
professional
 
contracting
 
actions
 
that
 
resembled
 
what
 
is
 
expected
 
under
 
the
 
Federal
 
Acquisition
 
Regulations.
 
This
 
solicitation
 
is
 
an
 
example
 
of
 
the
 
level
 
of
 
Procurement
 
Professionalism
 
originating
 
in
 
2013
 
from
 
the
 
408th
 
Contracting
 
under
 
the
 
leadership
 
of
 
LTC
 
Scuteri
 
and
 
BG
 
Theodore
 
C.
 
Harrison’s
 
that,
 
unlike
 
what
 
BG
 
Harrison
 
states
 
in
 
http://www.army.mil/ecc/,
 
The
 
408
th
 
located
 
at
 
Camp
 
Arifjan,
 
Kuwait
 
are
 
continuing
 
to
 
deliver
 
substandard
 
solicitations
 
and
 
this
 
is
 
just
 
another
 
in
 
a
 
series
 
of
 
unprofessional
 
solicitations
 
that
 
are
 
more
 
designed
 
to
 
mislead,
 
that
 
to
 
comply
 
with
 
FAR
 
Part
 
5.
 
However,
 
with
 
the
 
continued
 
biased
 
assistance
 
of
 
the
 
GAO,
 
and
 
attorneys
 
like
 
Mr.
 
Crosby,
 
Veteran
 
Owned
 
businesses
 
like
 
Latvian
 
Connection
 
LLC
 
will
 
be
 
prejudiced
 
and
 
mislead
 
by
 
the
 
ongoing
 
contracting
 
irregularities
 
that
 
was
 
identified
 
in
 
both
 
the
 
Gansler
 
report
 
and
 
a
 
report
 
on
 
Camp
 
Arifjan
 
called
 
the
 
Fraud
 
Triangle,
 
by
 
Army
 
MAJ
 
Amanda
 
Flint
 
in
 
what
 
is
 
described
 
as
 
a
 
case
 
study
 
into
 
Procurement Integrity in Contingency Operations.
 This solicitation demonstrates that the fundamentals of conducting a simple solicitation still have not beenachieved 4 years after the creation of the Army Contracting Command, even with that paid assistance of Contractor CACI working in the Camp Arifjan’s contracting office.
On
 
Pg
 
4
 
of 
 
the
 
Congressional
 
Hearing
 
in
 
2011,
 
Dr.
 
Gansler
 
stated:
 
 
Writing requirements and issuing contracts,clearly these are inherently governmental functions;to acquire services is more difficult and requires high-quality, experienced government contracting andprogram-management personnel. “ Dr. Gansler also said “Investigation andconviction rates indicate that Army CCOs are involved in the commission of fraud by a significantly higherpercentage in comparison to contracting officers in the other Services, despite being the minority of contractingpersonnel in theater (Gansler et al., 2007). Yet, GAO Protest of W912D1-13-R-0003; a disorganized solicitation where, the wrong solicitation was posted,SF30 Forms were not utilized for amendments and a charade of a site visit was staged only to cancel the
 
3
solicitation in bad faith, shows that the Army Contracting Command is no further forward now, than in 2007when Dr. Gansler first made his observations public regarding the contracting office of Camp Arifjan.Mr. Crosby, and the other GAO attorneys are facilitators of the Army as an Agency in continuing to supportwhat has been identified by the Wall Street Journal as “ an on-going criminal investigation.” by accepting thatthis cancellation was anything other than a pretext for
"avoid
 
resolution
 
of 
 
the
 
protest."
 
Cycad
 
Corp.,
 
B
255870,
 
Apr.
 
12,
 
1994,
 
94
1
 
CPD
 
para.
 
253
 
at
 
5.
 
Dr.
 
Gansler
 
further
 
stated
 
On the other hand, on a positive note, in the three years since our study, thedepartment has made noteworthy progress, for example, growing the depleted acquisition workforce, fundinggrowth of its civilian acquisition corps through the Defense Acquisition Workforce Development Fund, andCongress added billets for 10 general flag officers in acquisition positions. And, of course, the Army establishedthe Army Contracting Command, and now the contracting field in the Army has the benefit of four new generalofficers. This solicitation Mr. Crosby is an example of the Army Contracting Command’s noteworthy progressthatBrig Gen Harrison, General Joe Bass, and 2 other Flag Officers have to show for 4 years worth of investmentinto the Army Contracting Command. And you will sit there at the GAO, as a Senior Attorney, and accept thatthis solicitation was not cancelled on pretext 28 hours after you had GAOHQ.#61096636-v1-B-407972delivered to the Army, then you are further facilitating the lack of professionally conducted solicitations whichprejudices the Veteran Owned Business, Latvian Connection LLC.Latvian Connection LLC seeks to be reimbursed for its time in writing and filing this GAO Level protest thatwas cancelled as a pretext to
avoid
 
resolution
 
of 
 
the
 
protest.
 
Keven
 
L.
 
Barnes
 
CEO
 
MSgt
 
(USAF)
 
Ret.
 
United
 
States
 
530
 
999
 
3322
 
Mobile
 
(
 
Kuwait
 
)
 
00
 
965
 
501
 
22
 
072
 
keven.barnes@LatvianConnectionLLC.com
 
www.LatvianConnectionLLC.com
 
CAGE:
 
SGM59
 
DUNS:
 
534749622
 
CALIFORNIA
 
DUNS
 
830587791
 
CAGE
 
5GLB3
 ‐‐‐‐‐
Original
 
Message
‐‐‐‐‐
From:
 
Schiavetti,
 
Anthony
 
F
 
CPT
 
USARMY
 
HQDA
 
OTJAG
 
(US)
 
[mailto:anthony.f.schiavetti.mil@mail.mil]
 
Sent:
 
Wednesday,
 
February
 
13,
 
2013
 
10:04
 
PM
 
To:
 
protests@gao.gov
 
Cc:
 
crosbym@gao.gov;
 
keven.barnes@latvianconnectionllc.com;
 
Schiavetti,
 
Anthony
 
F
 
CPT
 
USARMY
 
HQDA
 
OTJAG
 
(US)
 
Subject:
 
B
407972;
 
Protest
 
of
 
Latvian
 
Connection
 
LLC;
 
Motion
 
to
 
Dismiss
 
(UNCLASSIFIED)
 
Classification:
 
UNCLASSIFIED
 
Caveats:
 
NONE
 
Dear
 
Mr.
 
Crosby:
 

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