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B-286794 1 (2001-02-12)

handle is hein.gao/gaocrptamnh0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: ACH Food Companies, Inc. File: B-286794 Date: February 12, 2001 Walter A. I. Wilson, Esq., and Lawrence M. Prosen, Esq., Bell, Boyd & Lloyd, for the protester. Michael Gurwitz, Esq., United States Department of Agriculture, for the agency. Linda C. Glass, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In procurement for ready-to-eat fortified cereals for use in the Food and Nutrition Service domestic feeding programs, solicitation requirement that a specific manufacturing process be used and that the product being delivered be a commercially-labeled product and have a history of successful distribution, use, and consumer acceptance in domestic commercial channels is not unduly restrictive where record demonstrates that the requirements reasonably reflect agency needs to obtain product acceptable to cereal recipients. DECISION ACH Food Companies, Inc. protests the terms of invitation for offers No. 550, issued by the United States Department of Agriculture (USDA). This invitation seeks offers subject to the terms and conditions of Fortified Cereals Announcement FC6, as amended, for the purchase of ready-to-eat (RTE) fortified cereals for use in the Food and Nutrition Service (FNS) domestic feeding programs. The protester objects to the prohibition on the use of the expanded/extruded manufacturing/cooking process for certain cereals (corn flakes, bran flakes, and rice crisps) and the requirement that

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