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B-421379,B-421379.2 Feb 10, 2023 1 (2023-02-10)

handle is hein.gao/gaoogp0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                       Comptroller General
Washington, DC 20548                                 of the United States
Decision
Matter of: Acclaim Systems, Inc.
File:     B-421379; B-421379.2
Date:     February 10, 2023
Kailash L. Kalantri for the protester.
Jon J. Gottschalk, Esq., Department of Health and Human Services, for the agency.
Sarah T. Zaffina, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Protest challenging actions by a non-profit organization, the Association of Food and
Drug Officials, is dismissed because the procuring entity is not a federal agency as
defined by the Federal Property and Administrative Services Act of 1949 and therefore
the challenged actions are not matters within GAO's bid protest jurisdiction.
DECISION
Acclaim Systems, Inc. (Acclaim), a small disadvantaged business, of Feasterville,
Pennsylvania protests its non-selection for award under request for proposal (RFP)
No. AFDO-22-001, issued by the Association of Food and Drug Officials (AFDO),
located in York, Pennsylvania, for information technology (IT) services to design,
develop, and manage a national regulatory technology platform for agriculture and
public health. The protester contends that AFDO performed unreasonable technical
evaluations that resulted in a flawed selection decision. The protester also alleges
AFDO engaged in anti-competitive behavior.
We dismiss the protest.
BACKGROUND
AFDO is a well-recognized national non-profit organization that represents state,
territorial, and local food protection regulatory agencies including the agencies that
regulate produce, manufactured foods, and retail foods. Request for Dismissal

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