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B-406780,B-406836 1 (2012-08-28)

handle is hein.gao/gaobadozo0001 and id is 1 raw text is: 




          G    A    O0                                                  Comptroller General
Accountability * Integrity * Reliability                                of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of: Asiel Enterprises, Inc.

           File:       B-406780; B-406836

           Date:       August 28, 2012

           Johnathan M. Bailey, Esq., Bailey & Bailey, PC, for the protester.
           W. Michael Rose, Esq., Department of the Air Force, for the agency.
           Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the
           General Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           Protest challenging Air Force's use of a Nonappropriated Fund Instrumentality
           (NAFI) to provide mission essential food services is sustained where the Air Force
           transferred the mission essential food service requirements to the NAFI on a
           noncompetitive basis and failed to otherwise justify the NAFI's provision of this
           requirement on a sole-source basis; 10 U.S.C. § 2492 (2006) does not provide
           authority for the Air Force to transfer the provision of mission essential food service
           requirements to a NAFI.
           DECISION

           Asiel Enterprises, Inc., of Corpus Christi, Texas, protests the decision by the
           Department of the Air Force to acquire essential messing services at Barksdale Air
           Force Base (AFB), in Louisiana, and at Dyess AFB, in Texas, from the Air Force
           Mission Essential Feeding Fund (AFMEFF), an Air Force Supplemental Mission
           Nonappropriated Fund Instrumentality (NAFI), on a sole-source basis, rather than
           holding a competition.

           We sustain the protest.

           BACKGROUND

           This protest concerns the Air Force's Food Transformation Initiative (FTI), a
           program designed to fundamentally change the way in which the Air Force obtains
           mission essential food services and operates non-mission essential food services
           provided within the Morale, Welfare, and Recreation (MWR) system. Until the

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