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B-290546 1 (2002-07-15)

handle is hein.gao/gaocrptaofx0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Federal Prison Industries, Inc. File: B-290546 Date: July 15, 2002 Marianne S. Cantwell, Esq., and William Robinson, Esq., Department of Justice, for the protester. Julius Rothlein, Esq., and Edward N. Ramras, Esq., Headquarters U.S. Marine Corps, for the agency. Paul E. Jordan, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST General Accounting Office will not review protest of agency's determination that Federal Prison Industry's (UNICOR) product was not comparable to private sector products, since UNICOR's enabling statute provides for binding resolution of such disputes by an arbitration board. DECISION Federal Prison Industries, Inc. (UNICOR) protests the U.S. Marine Corps's award of contracts to four Federal Supply Schedule (FSS) vendors for furniture to be installed at the Amphibious Warfare School (AWS), Quantico Marine Corps Base, Virginia. We dismiss the protest. At the time the Marine Corps identified its requirement for furniture, it was mandatory for the agency to use UNICOR products to meet the requirement. 18 U.S.C. § 4124 (2000); Federal Acquisition Regulation (FAR) § 8.602(a). Subsequently, the National Defense Authorization Act for Fiscal Year 2002 (Pub. L. No. 107-107, § 811) enacted 10 U.S.C. § 2410n to require the Secretary of Defense (effective October 1, 2001) to conduct market research prior to purchasing UNICOR products, in order to determine whether the UNICOR product is comparable in price, quality, and time of delivery to products available from the private sector. 10 U.S.C. § 2410n(a). If the product is determined not to be comparable, the Secretary must use competitive procedures and consider a timely offer from

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