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B-409528.20 1 (2014-07-02)

handle is hein.gao/gaobadqkg0001 and id is 1 raw text is: 




         G    A    O                                                   Comptroller General
     Accountability * Integrity * Reliability             of the United States
United States Government Accountability Office
Washington, DC 20548



         Decision


         Matter of:   National Industries for the Blind

         File:        B-409528.20

         Date:        July 2, 2014

         William W. Goodrich, Jr., Esq., and Judith B. Kassel, Esq., Arent Fox LLP, for the
         protester.
         Kristen M. Nowadly, Esq., General Services Administration, for the agency.
         Katherine I. Riback, Esq., and Jonathan L. Kang, Esq., Office of the General
         Counsel, GAO, participated in the preparation of the decision.
         DIGEST

         Protest that a solicitation for government-wide provision of office supply items fails
         to comply with the requirements of the Javits-Wagner-O'Day Act, 41 U.S.C.
         §§ 8501-8506, with regard to sales by vendors through brick and mortar stores, is
         denied, where the solicitation requires offerors to demonstrate that they are certified
         by AbilityOne, the entity responsible for administering programs under the Act, and
         where AbilityOne does not require additional restrictions for brick and mortar stores
         in the manner sought by the protester.
         DECISION

         National Industries for the Blind (NIB), of Alexandria, Virginia, protests the terms of
         request for proposals (RFP) No. GSQ02-14-R-SA0001, which was issued by the
         General Services Administration (GSA) for a full range of office supply items that
         will be available for order by participating federal agencies. NIB argues that the
         solicitation should be amended to reflect the protester's view that vendors who
         operate brick and mortar stores, that is physical stores where goods can be
         purchased, cannot comply with the Javits-Wagner-O'Day Act, 41 U.S.C.
         §§ 8501-8506, (JWOD Act).

         We deny the protest.

         BACKGROUND

         This protest concerns the interpretation of the JWOD Act and its associated
         regulations and policies. The AbilityOne program, which is administered by the

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