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B-401481 1 (2009-09-15)

handle is hein.gao/gaobadazd0001 and id is 1 raw text is: 


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A     ,   GA       O                                                  Comptroller General
       Acc untabiity * Integrity * Reliability of the United States
 United States Government Accountability Office
 Washington, DC 20548

             D   ..
          Decision


          Matter of:  Ashland Sales & Service Company

          File:       B-401481

          Date:       September  15, 2009

          Ruth E. Ganister, Esq., Rosenthal and Ganister, for the protester.
          John P. Patkus, Esq., Defense Logistics Agency, for the agency.
          Amber L. Jordan and James A. Spangenberg, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST
          In implementing the section 827(a) of Title VIII of Division A of the National Defense
          Authorization Act for Fiscal Year 2008, Pub. L. No. 110-181 (appearing at 10 U.S.C.A.
          § 2410n and note), which restricts noncompetitive purchases of product categories
          from Federal Prison Industries (FPI) by the Department of Defense (DOD) for those
          categories where FPI has been found to have a significant market share in DOD,
          DOD  acted reasonably in establishing an effective date of 30 days from DOD's
          issuance of an amended list of product categories for which FPI has a significant
          market share.
          DECISION

          Ashland Sales & Service Company of Olive Hill, Kentucky protests the decision of
          the Defense Supply Center Philadelphia (DSCP) to non-competitively acquire men's
          short- and long-sleeve shirts for Army personnel from Federal Prison Industries
          (FPI). Ashland maintains that DSCP is required to open the procurement to
          competition.

          We deny the protest.

          FPI is a self-supporting, wholly-owned government corporation that was established
          to provide employment and training to federal penal inmates involving the
          production of commodities for consumption in prisons or for sale to government
          agencies. 18 U.S.C. §§ 4121, 4122 (2006); Federal Acquisition Regulation §§ 8.601(a),
          (b). The requirements for the procurement of products from FPI by the Department
          of Defense (DOD) are governed by the National Defense Authorization Act (NDAA)
          for Fiscal Year 2002, Pub. L. No. 107-107, Div. A, Title VIII, § 811(a)(1),

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