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Accommodating the needs of designated students

In particular, we agree with the agency that a bachelors degree requirement is reasonable given the professional expectations contemplated by the contract.The program manager position has numerous professional skill expectations which necessitate a degree of competence in critical thinking and writing. We think it is reasonable for the agency to use a bachelors degree requirement as a proxy for such skills.See e.g., Aero Sage LLC, B-410648.2, B-410648.3, Mar. A reasonable basis exists where the agency finds that the solicitation does not accurately reflect its needs, as happened here. Moreover, the contracting officer represents that the wider structural design is not a novel design feature. Additionally, the market survey report and the initial offers demonstrate that 30-foot column spacing is available in the Washington, D. Finally, the protester attacks the agencys rationale for its 30-foot column spacing requirement on the basis that the record does not contain any of the following findings: (a) that the 20 column spacing in the Vanguard Building precludes an adequate degree of flexibility in accommodating the Peace Corps[;] (b) that the Peace Corps mission . See Federal Acquisition Regulation (FAR) 1.102(d), 1.102-1(b). Accordingly, as a result of the desire to maximize natural light and reduce the sensation of crowding, the Peace Corps and GSA sought higher ceiling heights. The operative question is whether the agencys requirement is reasonably necessary to meet the agencys needs, Parcel 49C Ltd. For the reasons that follow, we find no basis to sustain the protest on any of the grounds raised by RDT. Where requirements relate to issues of human safety or national security, however, an agency has the discretion to define solicitation requirements to achieve not just reasonable results, but the highest possible reliability and/or effectiveness. Staveley Instruments, Inc., B‑259548.3, May 24, 1995, 95-1 CPD 256 at 3-4. When a specification or requirement is challenged as unduly restrictive of competition, the procuring agency has the responsibility of establishing that the specification or requirement is reasonably necessary to meet the agencys needs. In response, RDT does not meaningfully rebut the agencys arguments or otherwise demonstrate that the agencys explanation is unreasonable. See Erickson Aero Tanker, B-411306.2, B-411306.5, July 29, 2015, 2015 CPD 226 at 9 n.6. RDT lacks the requisite legal interest in this regard because, even were we to sustain its protest on another basis, RDT would not be able to offer a compliant product and would therefore be ineligible for award. (Remote Diagnostic Technologies, LLC B-413375.4, B-413375.5: Feb 28, 2017) Pitney challenges specifications in the SOW requiring high capacity sheet feeders that are capable of being loaded on the fly, folders/inserters that have a feeder swap capability for up to 10 sheet feeders per machine, and folders/inserters that have an envelope feeder capable of handling all types of envelopes from letters to flats.

APROs reliance on its deputy program manager as the basis for demonstrating the degree requirement is unreasonable is misplaced. Staveley Instruments, Inc., B-259548.3, May 24, 1995, 95-1 CPD 256 at 3-4.The /- 3 percent standard proposed by the protester, however, would allow for deviations of 105 gallons, which would result in vastly larger weight deviations of /-approximately 956 pounds. This is another instance in which Simplex simply disagrees with the agency as to what its requirements should be. allows for maximum flexibility in space planning is integral to the success of the agency[.]); COS at 4.As noted above, an agency, not a potential contractor, is responsible for determining the agency's needs. 23, Market Survey Report, at 2 (A sustainable work environment that . Both the Peace Corps and GSA explain that column spacing impacts workspace layout and design and the ability to reconfigure furniture. 32, Requirements Justification, at 2; COS at 4; MOL at 9. The November 2010 version of this document provides that the minimum recommended column spacing is 30 feet. We have previously explained that, in developing requirements, it is reasonable for an agency to rely upon the design criteria set forth in the P-100, which were formulated for application to procurements such as this one. Accordingly, we do not find this requirement unduly restrictive of competition. In this regard, the protester misunderstands the governments broad discretion to determine how best to meet its needs.Nexagen Networks, Inc., B-411209.7, June 20, 2016, 2016 CPD 164 at 4.Our Office will examine the adequacy of the agency's justification for the allegedly restrictive provision to ensure that it is rational and can withstand logical scrutiny. Here, the agency has provided its rationale for the requirement, and we have no basis to conclude that the requirement is unreasonable. By way of a second example, Simplex argues that the agency has an unreasonable requirement for the accuracy of gauges measuring the volume of retardant in the tanks. The solicitation requires that the volume measurements be accurate to /- 10 gallons, whether on the ground or in flight. The protester contends that the required standard is "over specified for operational requirements and considerably more precise than current operational systems of a similar nature." Protest at 5.It is certainly reasonable then for the agency to remedy this mistake by amending the RFP to require that offerors' drivers complete an emergency training certification that is actually available.We also find it reasonable that the agency would allow offerors to complete the requirement prior to the start of contract performance.While Simplex disagrees with the judgments made by the agency, such disagreement does not establish that the requirement is unreasonable, and the record provides no basis for us to conclude otherwise. According to Simplex, a requirement for measurements to be accurate to /- 3 percent is "more operationally reasonable and will result in a better cost to value for the government." Id.In response, the agency explains that its requirement is necessary for accurate management and tracking of retardant release. Additionally, the agency provides explanations that highlight the need for accurate measurement of the volume of retardant in the tanks due to the fact that weight will vary based on the volume of retardant in the system. In this regard, the agency asserts that weight variations are significant in the aviation context. Specifically, the agency explains that a gallon of retardant typically weighs 9.1 pounds. Thus, the /- 10 gallon standard required by the solicitation would allow for deviations of /- 91 pounds.Consequently, we have no basis to conclude that this requirement is overly restrictive. Here, the agency has provided a detailed rationale for the requirements challenged by the protester, and, as illustrated by the examples below, the record provides no basis to conclude that the specifications do not reflect the needs of the agency.(APRO International B-415149.2: Nov 29, 2017)The U. Department of Agriculture, Forest Service (USFS), is responsible for protecting national forest lands from wildfires and, by agreement with other agencies, assists in protecting other jurisdictions as well. In this capacity, the USFS uses air tankers to drop and build retardant lines to aid ground firefighters in controlling wildfires. The National Defense Authorization Act (NDAA) for Fiscal Year 2014 directed the transfer of seven demilitarized United States Coast Guard HC-130H aircraft to the Air Force. For example, Simplex challenges the solicitation requirement for a belly door solution with a door aspect ratio of at least 10:1. Simplex argues that a door with a 10:1 aspect ratio will not be sufficient to meet other requirements set forth in the solicitation, including grid pattern test requirements. According to the agency, however, the requirements enhance the likelihood that the RDS solution will meet the grid testing requirements. The agency also contends that past experience has shown that "belly doors are the best option to ensure higher coverage while also maintaining control of the amount of retardant used," and notes that the 10:1 aspect ratio "maximizes the use of the cargo area without making [an] unnecessarily large modification to the aircraft structure." MOL at 13-14.

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  1. Introduction. For both legal and therapeutic reasons, students with autism spectrum disorders ASDs are increasingly educated in general education settings.

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