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B-400583,B-400583.2 1 (2008-11-07)

handle is hein.gao/gaobadaqm0001 and id is 1 raw text is: L G A O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Maryland State Department of Education File: B-400583; B-400583.2 Date: November 7, 2008 Elliott L. Schoen, Esq., and Lauri A. McGuire, Esq., State of Maryland, Office of the Attorney General, for the protester. Lt. Col. James A. Lewis, Department of the Army, and Jeff Rosen, Esq., Department of Education, for the agencies. Katherine I. Riback, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Government Accountability Office will not consider protest by state licensing agency (SLA) challenging the elimination of its proposal from the competitive range under a solicitation issued pursuant to the Randolph-Sheppard Act (RSA) because mandatory binding arbitration procedures by the Department of Education are provided for under the RSA to resolve the SLA's complaint. DECISION The Maryland State Department of Education (MSDE) of Baltimore, Maryland protests the elimination of its proposal from consideration under request for proposals (RFP) No. W91QF6-07-R-0007, issued by the Department of the Army for food services at Fort Meade, Maryland. We dismiss the protest. The RFP noted that this procurement would be conducted pursuant to the Randolph-Sheppard Act (RSA), which establishes a priority for blind persons recognized and represented by state licensing agencies (SLA) under the terms of the RSA, in the award of contracts for, among other things, the operation of cafeterias in federal buildings. 20 U.S.C. § 107 (2000); 34 C.F.R. § 395.33(a) (2008). Thus, while the RFP generally provided for the procurement to be set aside for small businesses, it indicated that the designated SLA would also be able to submit a proposal. RFP at 132. Under the RSA's implementing regulations, if a designated SLA submits an offer found to be within the competitive range for the acquisition, award must

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