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B-408535 1 (2013-11-01)

handle is hein.gao/gaobadpvj0001 and id is 1 raw text is: 




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



         Decision


         Matter of:  Star Food Service, Inc.

         File:        B-408535

         Date:     November 1,2013

         John C. Mitchell, Jr., for the protester.
         Katherine B. McCulloch, Esq., Defense Logistics Agency, for the agency.
         Paula J. Haurilesko, Esq., and Guy R. Pietrovito, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest that a solicitation for various chicken parts improperly bundles or
         consolidates requirements in violation of the Small Business Act is denied, where
         the requirements consolidated under this procurement do not violate the terms of
         the Act--i.e., the requirements were not previously provided under separate, smaller
         contracts that were suitable for award to small business concerns.
         DECISION

         Star Food Service, Inc., of Hollywood, South Carolina, protests the terms of request
         for proposals (RFP) No. SPM300-13-R-0014 issued by the Defense Logistics
         Agency (DLA) under commercial acquisition procedures of Federal Acquisition
         Regulation (FAR) Part 12 for chicken products. Star argues that the RFP
         unreasonably bundles or consolidates requirements in violation of the Small
         Business Act and the Competition in Contracting Act of 1984 (CICA).

         We deny the protest in part and dismiss it in part.

         BACKGROUND

         Since 1993, DLA has obtained and distributed food items to U.S. forces and
         non-military customers outside the continental United States (OCONUS) through its
         Prime Vendor program. Under this program, prime vendors have contracts for
         specific regions, where the prime vendors are responsible for obtaining food
         products from subcontractors and distributing it to various locations throughout the
         region. DLA currently obtains chicken parts under 13 separate regional prime
         vendor contracts. Agency Report (AR) at 2. Prime vendors purchase chicken parts

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