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B-293698.2 1 (2004-04-27)

handle is hein.gao/gaobadqwb0001 and id is 1 raw text is: G A O ..Comptroller General Accountability *Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Washington State Department of Services for the Blind File: B-293698.2 Date: April 27, 2004 Shelly Marie Martin, Esq., and Andrew D. Freeman, Esq., Brown Goldstein Levy, for the protester. Maj. Gregg A. Engler, Department of the Army, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest by state licensing agency (SLA) for the blind challenging the elimination of its proposal from consideration under request for proposals issued pursuant to the Randolph-Sheppard Act is dismissed; General Accounting Office will not consider protests from SLAs because arbitration procedures are provided for under the Act, and decisions of the arbitration panel are binding on the parties involved. DECISION The Washington State Department of Services for the Blind (WSDSB) protests the elimination of its proposal from consideration under request for proposals (RFP) No. W91 S8-03-R-0001, issued by the Department of the Army for full food services at Fort Lewis, Washington. We dismiss the protest. The RFP here advised that this procurement would be conducted pursuant to the Randolph-Sheppard Act (the Act), which establishes a priority for blind persons recognized and represented by state licensing authorities (SLA) under the terms of the Act, in the award of contracts for, among other things, the operation of cafeterias in federal buildings. 20 U.S.C. § 107 (2000); 34 C.F.R § 395.33(a) (2003). Thus, while the RH' generally provided for the solicitation to be set aside for small businesses, it indicated that the Washington State SLA would also be permitted to submit a proposal. Further, in accordance with the Act's implementing regulations, the RFP stated that, if the proposal submitted by the SLA were found to be within the competitive range for the acquisition, and is included among the proposals that have

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