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B-418481.3,B-418481.4 1 (2020-06-09)

handle is hein.gao/gaobaebjj0001 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
                                          .......................................................................................................................
                                             DOCUMENT FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release.


Matter of:   Mitchco International, Inc.

File:        B-418481.3; B-418481.4

Date:        June 9, 2020

Alan Grayson, Esq., for the protester.
Ronald Herrmann, Esq., Gregory O'Malley, Esq., and Scott N. Flesch, Esq., Department
of the Army, for the agency.
Kasia Dourney, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO,
participated in the preparation of the decision.
DIGEST

1. Protest alleging that that an agency improperly entered into discussions solely with
the awardee, a state licensing agency (SLA), in a procurement conducted pursuant to
the Randolph-Sheppard Act, 20 U.S.C. § 107 et seq., is dismissed as untimely where
this possibility was apparent from the solicitation, and the protester failed to challenge
the terms of the solicitation before award.

2. Protest that the awardee violated the procurement integrity provisions of the Office of
Federal Procurement Policy Act, 41 U.S.C. §§ 2101-2107, known as the Procurement
Integrity Act, is dismissed as legally and factually insufficient where the protester's
allegations, even if unrebutted, fail to establish a violation of law by the agency.
DECISION

Mitchco International, Inc. (Mitchco) of Saint Matthews, Kentucky, protests the award of
a contract to the Kentucky Office of Vocational Rehabilitation (KOVR), under request for
proposals (RFP) No. W9124J-1 9-R-001 8, issued by the Department of the Army for full
food services for the dining facilities at Fort Knox, Kentucky. The protester alleges that
the agency conducted unequal discussions and evaluated the awardee's technical and
price proposals in a manner that was flawed. Mitchco also challenges the awardee's
status as a state licensing agency (SLA), and claims it violated the Procurement
Integrity Act.


We dismiss the protest.

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