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B-421890 Nov 02, 2023 1 (2023-11-02)

handle is hein.gao/gaopjb0001 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 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This version has been - - - - - - approved for public release. Matter of: J. Caye Premier Dining, Inc. File: B-421890 Date: November 2, 2023 Matthew E. Feinberg, Esq., Katherine B. Burrows, Esq., Joseph P. Loman, Esq., and Dozier L. Gardner, Jr., Esq., Piliero Mazza PLLC, for the protester. Major Jill B. Wiley, and Lieutenant Colonel Nolan T. Koon, Department of the Army, for the agency. Nathaniel S. Canfield, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest alleging that priority under the Randolph-Sheppard Act, 20 U.S.C. § 107, must be afforded to all licensed blind vendors, rather than state licensing agencies, is denied where the protester has not advanced a reasonable construction of the Act and its implementing regulations. 2. Protest alleging that the solicitation is ambiguous regarding how priority under the Randolph-Sheppard Act will be applied with respect to a best-value tradeoff is dismissed as academic where the agency has stated that it will amend the solicitation to resolve potentially conflicting terms. DECISION J. Caye Premier Dining, Inc., a small business of Houston, Texas, protests the terms of request for quotations (RFQ) No. W81 K0023Q0092, issued by the Department of the Army for the provision of a food service supervisor and food service workers/cashiers to supplement the staff at Evans Army Community Hospital at Fort Carson, Colorado. The protester contends that the RFQ improperly limits application of the preference under the Randolph-Sheppard Act (RSA) and is ambiguous as to how that preference will be applied. We deny the protest in part and dismiss it in part.

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