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B-299539 1 (2007-06-05)

handle is hein.gao/gaocrptaufg0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability 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: Moore's Cafeteria Services d/b/a MCS Management File: B-299539 Date: June 5, 2007 Sam Z. Gdanski, Esq., and Scott H. Gdanski, Esq., Gdanski & Gdanski, LLP, for the protester. Lt. Col. Frank A. March, and Matthew C. Bowman, Esq., Department of the Army, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Contracting officer was not required to apply definition of fair and reasonable price set forth in interagency statement of policy issued in response to Congressional directive in evaluating reasonableness of price offered by state licensing agency for the blind where at the time the procurement was conducted, the policy had not been implemented through the issuance of regulations. 2. Contracting officer reasonably determined price offered by state licensing agency for the blind to be fair and reasonable based on comparison to prices offered by other offerors with technically acceptable proposals and to government estimate. DECISION Moore's Cafeteria Services d/b/a MCS Management (MCS) protests the award of a contract to the Kentucky Office for the Blind (KOB), a state licensing agency for the blind (SLA), under request for proposals (RFP) No. W9124D-07-R-0012, issued by the Department of the Army for food services at Fort Campbell, Kentucky. The protester argues that the price offered by the KOB is not reasonable. We deny the protest. The RFP, which was issued on January 23, 2007, contemplated the award of a fixed-price contract for a 1-year period without options. The acquisition was set aside for Historically Underutilized Business Zone (HUBZone) small businesses, but also permitted the submission of offers by qualified SLAs in accordance with the Randolph-Sheppard Act. As initially issued, the solicitation advised prospective

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