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B-288501 1 (2001-08-14)

handle is hein.gao/gaocrptamsa0001 and id is 1 raw text is: 




         G     A    0                                                 Comptroller General
             SIntegrity Reliability                                   of the United States
 ~ccountabthty Inert Rea iy
United States General Accounting Office
Washington, DC 20548



          Decision


          Matter of: Maryland State Department of Education

          File:       B-288501; B-288502

          Date:       August 14, 2001

          Elliott L. Schoen, Esq., State of Maryland, Office of the Attorney General, for
          Maryland State Department of Education, Division of Rehabilitation Services, the
          protester.
          John D. Inazu, Esq., Department of the Air Force, for the agency.
          Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

          Protests filed by a state licensing agency for the blind alleging solicitation
          improprieties in two requests for proposals issued pursuant to the Randolph-
          Sheppard Act are dismissed because the Act gives authority for review of disputes
          between federal agencies and state licensing agencies regarding these procurements
          to the Secretary of Education, not the General Accounting Office.
          DECISION

          The Maryland State Department of Education, Division of Rehabilitation Services,
          challenges the terms of requests for proposals (RFP) Nos. FA4416-01-R-0058 and
          FA4416-01-R-0059, issued by the Department of the Air Force for food services at
          Andrews Air Force Base (AFB) and Fort George G. Meade, respectively. The
          protester alleges that the solicitations violate certain Department of Defense (DOD)
          Regulations implementing the Randolph-Sheppard Act, 20 U.S.C. § § 107 et sea
          (1994), and violate other DOD policies and guidance related to the Act as well.

          We dismiss the protests.

          The RFPs here advised that this procurement would be conducted pursuant to the
          Randolph-Sheppard Act, which establishes a priority for blind persons recognized
          and represented by state licensing authorities (SLA) under the terms of the Act, in
          the award of contracts for, among other things, the operation of cafeterias in federal
          buildings. 20 U.S.C. § 107(b); 34 C.F.R. § 395.33(a) (2000). Under the Act's
          implementing regulations, if a designated SLA submits an offer found to be within

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