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B-404786,B-404786.2,B-404786.3,B-404786.4 1 (2011-05-13)

handle is hein.gao/gaobadbuw0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: U.S. Foodservice, Inc.; Labatt Food Services, LP File: B-404786; B-404786.2; B-404786.3; B-404786.4 Date: May 13, 2011 Rebecca E. Pearson, Esq., James Y. Boland, Esq., and Justin J. Wortman, Esq., Venable LLP; Glenn M. Kurtz, Esq., and Douglas P. Baumstein, Esq., White & Case LLP; and David B. Eberhardt, Esq., Miles & Stockbridge PC, for U.S. Foodservice, Inc.; Theodore Bailey, Esq., Bailey & Bailey, PC, for Labatt Food Services, LP., the protesters. John A. Burkholder, Esq., McKenna Long & Aldridge LLP, for Sysco New Mexico, LLC, an intervenor. Judith Pullman Gever, Esq., and Elizabeth Amato-Radley, Esq., Defense Logistics Agency, for the agency. Linda C. Glass, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of the terms of solicitation for food distribution services on grounds that the terms are inconsistent with commercial practice and are otherwise unreasonable is denied where the agency properly issued a waiver in accordance with Federal Acquisition Regulation § 12.302(c) for commercial item solicitation requirements that may be inconsistent with customary commercial practice, and the record shows that the terms are reasonably justified. DECISION U.S. Foodservice, Inc. (USF), of Rosemont, Illinois, and Labatt Food Services, LP, of San Antonio, Texas, protest the terms of request for proposals (RFP) No. SPM300-10- R-0047, issued by the Defense Logistics Agency (DLA) Troop Support, for subsistence prime vendor support for various customers in the Texas and New Mexico area. The protesters contend that various price terms are inconsistent with commercial practice and are otherwise unreasonable. We deny the protest.

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