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B-420416 Mar 24, 2022 1 (2022-03-24)

handle is hein.gao/gaomxf0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This version has been approved for public release. Matter of: JW Mills Management, LLC File: B-420416 Date: March 24, 2022 Matthew E. Feinberg, Esq., Katherine B. Burrows, Esq., and Anna G. Sullivan, Esq., Piliero Mazza PLLC, for the protester. Robert McCall, Esq., and Avetana Lovato, Esq., Department of the Navy, for the agency. Michael P. Grogan, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging solicitation's inclusion of Randolph-Sheppard Act preference is sustained because the statutory preference applies to the operation of a cafeteria and the solicitation's requirements do not contemplate the types of activities and level of control to constitute the operation of a cafeteria. DECISION JW Mills Management, LLC, a Historically Underutilized Business Zone (HUBZone) small business of Moorpark, California, protests the terms of request for quotations (RFQ) No. N0024422R0008, issued by the Department of the Navy, for food service attendant services. The protester challenges the agency's decision to issue the solicitation with a preference pursuant to the Randolph-Sheppard Act (RSA). The protester argues that the agency acted contrary to applicable law and regulation when it applied the preference because the work contemplated by the solicitation is not for the operation of a cafeteria. We sustain the protest. BACKGROUND The Navy issued the solicitation on December 3, 2021, pursuant to the procedures in Federal Acquisition Regulation (FAR) parts 12 and 15, as a set-aside for HUBZone small business concerns, seeking food service attendant (FSA) services for dining facilities located at Naval Base Ventura County, California. Agency Report (AR) Tab 2,

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