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B-418480 1 (2020-05-13)

handle is hein.gao/gaobaebcs0001 and id is 1 raw text is: GAOU.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States Decision Matter of: Training, Rehabilitation & Development Institute, Inc. File: B-418480 Date: May 13, 2020 John C. Dulske, Esq., Bonnie K. Kirkland, Esq., Ryan Sullivan, Esq., and Joanne Zimolzak, Esq., Dykema Gossett PLLC, for the protester. Susan Kim, Esq., Robert B. Neill, Esq., and Scott N. Flesch, Esq., Department of the Army; and Timi Nickerson Kenealy, Esq., U.S. AbilityOne Commission, for the agencies. Scott H. Riback, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest alleging that agency improperly is conducting an acquisition on a competitive basis rather than on a sole-source basis pursuant to the Javits-Wagner-O'Day Act is denied where record shows that the services being solicited are not the same as the services provided under prior contracts that had been awarded on a sole-source basis pursuant to the Javits-Wagner-O'Day Act. DECISION Training, Rehabilitation, & Development Institute, Inc. (TRDI), of San Antonio, Texas, protests the terms of request for quotations (RFQ) No. W91151-20-Q-0016, issued by the Department of the Army for washer and dryer maintenance and repair services at Fort Hood, Texas. TRDI alleges that the contract should be awarded to the firm on a non-competitive, sole-source basis pursuant to the Javits-Wagner-O'Day (JWOD) Act. We deny the protest. BACKGROUND Under the provisions of the JWOD Act, the Committee for Purchase from People Who Are Blind or Severely Disabled, now operating as the U.S. AbilityOne Commission, has the exclusive authority to establish and maintain a procurement list of supplies and services provided by qualified non-profit agencies for the blind or significantly disabled under the AbilityOne program. 41 U.S.C. § 8502(a), 8503(a); 41 C.F.R. § 51-2.8. The JWOD Act states that the procurement list is the mandatory source for federal agencies

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