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B-408315.2 1 (2013-09-05)

handle is hein.gao/gaobadpsz0001 and id is 1 raw text is: G A O 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-408315.2 Date: September 5, 2013 Johnathan M. Bailey, Esq., Bailey & Bailey, PC, for the protester. W. Michael Rose, Esq., and John G. Terra, Esq., Department of the Air Force, for the agency. Robert T. Wu, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest of agency's use of public interest exception under 10 U.S.C. § 2304(c)(7) (2006) to justify transferring an appropriated fund mission essential requirement to a nonappropriated fund instrumentality using a memorandum of agreement under the authority established by 10 U.S.C. § 2492 (2006) is sustained where the transfer is outside the scope of section 2492 and the public interest exception on which the agency relies is applicable only to procurements, and use of the memorandum of agreement is not a procurement. DECISION Asiel Enterprises, Inc. (Asiel), 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), under a memorandum of agreement (MOA) without use of competitive procedures. The protester argues that the agency unreasonably justified its use of the MOA with a determination by the head of the agency under 10 U.S.C. § 2304(c)(7) that use of the MOA is necessary in the public interest to implement the Air Force's Food Transformation Initiative. We sustain the protest.

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