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B-417265 1 (2019-05-03)

handle is hein.gao/gaobadzgb0001 and id is 1 raw text is: 



GA.O U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States

                                             DOCUMENT  FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
                                           a GAO Protective Order. This redacted version has
Decision
                                           been approved for public release.


Matter of:   Training, Rehabilitation & Development Institute, Inc.

File:        B-417265

Date:        May 3, 2019

John C. Dulske, Esq., and Bryan Kost, Esq., Dykema Gossett PLLC, for the protester.
Garry L. Brewer, Esq., Department of the Army, and Timi Nickerson Kenealy, Esq., and
Kasia Dourney, Esq., U.S. AbilityOne Commission, for the agencies.
John Sorrenti, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

Protest alleging that award of a contract for the purchase and installation of washing
machines  and dryers violated the Javits-Wagner-O'Day Act is denied where the
protester has not shown that it is the mandatory source for the installation of the
purchased washers  and dryers, and therefore has not met its burden to show that the
agency violated applicable statutes and regulations.
DECISION

Training, Rehabilitation & Development Institute, Inc. (TRDI) of San Antonio, Texas,
protests the decision of the Department of the Army, Corps of Engineers (Corps), to
award a contract to Pierce Commercial Laundry Distributors LLC (Pierce) for the
purchase and installation of clothes washing machines and dryers at Fort Hood, Texas.
TRDI  alleges that the award of the contract violated the Javits-Wagner-O'Day (JWOD)
Act and its implementation under the AbilityOne program.' TRDI contends that
pursuant to the JWOD Act and its implementing regulations, TRDI is the mandatory


1 The AbilityOne program seeks to provide employment opportunities to people who are
blind or have significant disabilities. The program is administered by the AbilityOne
Commission,  the operating name for the Committee for Purchase From People Who
Are Blind or Severely Disabled, which was established pursuant to the JWOD Act. After
receiving the agency report responding to the protest, GAO requested input on the
protest from the AbilityOne Commission; the protester and agency then filed
submissions addressing the Commission's input.

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