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B-419424 1 (2021-02-10)

handle is hein.gao/gaobaecmh0001 and id is 1 raw text is: 

                   I            U.S. GOVERNMENT   ACCOUNTABILITY OFFICE
                   G A O     A Century   of Non-Partisan Fact-Based Work
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
                                              a GAO Protective Order. This version has been
Decision                                      approved for public release.


Matter of:   Melwood  Horticultural Training Center, Inc.

File:        B-419424

Date:     February 10,   2021

Meghan  A. Douris, Esq., and Ryan M. Gilchrist, Esq., Oles Morrison Rinker & Baker,
LLP, for the protester.
Tami S. Hagberg, Esq., and Brian C. Caney, Esq., Department of Health and Human
Services; Timi Nickerson Kenealy, Esq., U.S. AbilityOne Commission, for the agencies.
Evan  D. Wesser, Esq., and Edward Goldstein, Esq., Office of the General Counsel,
GAO,  participated in the preparation of the decision.
DIGEST

Protest challenging actions taken by a central nonprofit agency in connection with the
allocation of a federal agency's requirement to a nonprofit agency under the AbilityOne
program  is dismissed because the U.S. AbilityOne Commission has exclusive authority
under the Javits-Wagner-O'Day Act to establish and maintain the procurement list for
the AbilityOne program in accordance with the overall purpose of the act.
DECISION

Melwood  Horticultural Training Center Inc., of Upper Marlboro, Maryland, protests the
terms of Opportunity Notice No. 3981, which was issued by SourceAmerica, a central
nonprofit agency, for complete facility maintenance services at the Department of
Health and Human  Services's (HHS) facilities in Washington, D.C. The protester
alleges that the procurement is being conducted in a manner that contravenes the
requirements of the Javits-Wagner-O'Day Act (JWOD Act) and that Act's
implementation under the AbilityOne program.1

1 The AbilityOne program is among the nation's largest sources of employment for
people who are blind or have significant disabilities. The program is administered by
the U.S. AbilityOne Commission, which is the operating name for the Committee for
Purchase  From People Who  are Blind or Severely Disabled, which Congress
established pursuant to the JWOD Act. See Goodwill Indus. of the Valleys;
SourceAmerica,  B-415137, Nov. 29, 2017, 2017 CPD ¶ 369 at 1 n.1. For clarification,
references herein to the Commission or the Committee are to the U.S. AbilityOne
Commission;  references herein to the agency are to HHS. Following receipt and

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