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B-289666.2 1 (2002-11-01)

handle is hein.gao/gaocrptaodo0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States 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: Cantu Services, Inc. File: B-289666.2; B-289666.3 Date: November 1, 2002 Johnathan M. Bailey, Esq., Theodore M. Bailey Law Office, for the protester. Lynn H. Patton, Esq., Ott & Purdy, for South Carolina Commission for the Blind, an intervenor. Maj. Art J. Coulter, Department of the Army, for the agency. Paul I. Lieberman, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Under solicitation subject to Randolph-Sheppard Act preference (establishing priority for the blind in the award of contract for cafeteria services), agency reasonably determined to include proposal by state licensing agency for the blind (SLA) in the competitive range where it was one of two proposals submitted, and received a higher technical evaluation, notwithstanding the fact that the SLA's proposal's most probable cost was higher. DECISION Cantu Services, Inc. protests the award of a contract to the South Carolina Commission for the Blind, a state licensing agency for the blind (SLA), under request for proposals (RFP) No. DABT47-01-R-0001 issued by the Department of the Army for food services at Fort Jackson. Cantu asserts that the SLA's proposed cost was not reasonable and that the SLA's proposal was improperly included in the competitive range. We deny the protest. The RFP advised that this procurement would be conducted pursuant to the Randolph-Sheppard Act (RSA), which establishes priority for blind persons recognized and represented by SLAs, in the award of contracts for, among other things, the operation of cafeterias in federal facilities. 20 U.S.C. § 107b (2000); 34 C.F.R. § 395.33(a) (2002). Under Department of Defense regulations, if a designated SLA submits an offer found to be within the competitive range, award must be made to the SLA absent a high-level determination by the agency and

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