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B-284533.6 1 (2003-05-19)

handle is hein.gao/gaobaczik0001 and id is 1 raw text is: Il im G A 0Comptroller 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: EDP Enterprises, Inc. File: B-284533.6 Date: May 19, 2003 Keith L. Baker, Esq., and William T. Welch, Esq., Barton, Baker, McMahon & Tolle, for the protester. Raymond M. Saunders, Esq., Captain Anissa N. Parekh, and Kevin LaChance, Esq., Department of the Army, and John W. Klein, Esq., and Kenneth Dodds, Esq., U.S. Small Business Administration, for the agencies. Linda S. Lebowitz, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that food services are improperly bundled with other logistics support functions, thereby unduly restricting the private-sector portion of the competition conducted pursuant to Office of Management and Budget Circular A-76, is sustained where the agency has failed to provide a reasonable justification that this bundling is necessary to meet its needs. DECISION EDP Enterprises, Inc. protests the terms of request for proposals (RFP) No. DAKF19-99-R-0014, issued by the Department of the Army pursuant to Office of Management and Budget (OMB) Circular A-76, to determine whether it would be more economical to perform installation-level logistics support functions in-house at Fort Riley, Kansas, or to contract for these services under the referenced solicitation. EDP, the incumbent small business food service provider at Fort Riley, argues that the Army has improperly bundled food services and dining facility attendant services (hereinafter, collectively referred to as food services) with other 1 The procedures for determining whether the government should transfer an activity from in-house performance to performance by a contractor, or vice versa, are set forth in OMB Circular A-76 and the Circular's Revised Supplemental Handbook (RSH), which have been made expressly applicable to the Department of Defense and its military departments and agencies. See 32 C.F.R. § 169a.15(d) (2002).

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