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B-288658 1 (2001-11-30)

handle is hein.gao/gaocrptamsm0001 and id is 1 raw text is: G A 0 Comptroller General :a * Integrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Intertribal Bison Cooperative File: B-288658 Date: November 30, 2001 Gene N. Lebrun, Esq., Lynn, Jackson, Shultz & Lebrun, for the protester. Daniel S. Koch, Esq., Paley, Rothman, Goldstein, Rosenberg & Cooper, for North American Bison Cooperative, an intervenor. Michael Gurwitz, Esq., Department of Agriculture, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Where statute provides a specific appropriation for the Department of Agriculture to purchase bison for the Food Distribution Program for Indians on Reservations, and states that such purchases shall be made from Native American producers and cooperative organizations without competition, a solicitation, issued by the agency contemplating a contract for such purchases that permits submission of proposals from non-Native American cooperative organizations under a competition limited to cooperative organizations, is improper. DECISION Intertribal Bison Cooperative (IBC) protests request for proposals (RFP) No. LS-80, issued by the Department of Agriculture (USDA) for the production and delivery of ground bison and bison stew meat to participants in the Food Distribution Program for Indians on Reservations (FDPIR). IBC protests that the RFP violates an applicable appropriation statute. We sustain the protest. The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies-Appropriations Act for fiscal year ending September 30, 2001, Pub. L. No. 106-387, 114 Stat. 1549 (2000), at Title IV, Domestic Food Programs, Food Stamp Program, stated the following:

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