The State of Oklahoma (W9124J-18-R-0024)

B-416851.11 Feb 11, 2021 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights The State of Oklahoma, a state licensing agency (SLA), requests that we reconsider our decision in The State of Oklahoma, B-416851.9, Sept. 22, 2020, 2020 CPD ¶ 341, dismissing its protest challenging the award of a contract to Mitchco International, Inc. (MCI), of Saint Mathews, Kentucky, under request for proposals (RFP) No. W9124J-18-R-0024, issued by the Department of the Army for full food services and dining facility services at Fort Sill, Oklahoma. Oklahoma argues that the public version of our decision issued on November 4, which included corrections to the protected decision issued on September 22, contained a legal error. We deny the request for reconsideration. View Decision DOCUMENT FOR PUBLIC RELEASE 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:  The State of Oklahoma--Reconsideration File:  B-416851.11 Date:  February 11, 2021 Peter A. Nolan, Esq., Winstead PC, for the protester. Alan Grayson, Esq., Law Office of Alan Grayson, for Mitchco International, Inc., the intervenor. Andrew J. Smith, Esq., and Dana J. Chase, Esq., Department of the Army, for the agency. Young H. Cho, Esq., and Peter H. Tran, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Request for reconsideration is denied where the requesting party merely requests editorial changes to our decision and has not shown that our decision contains a material error of law or facts, or information not previously considered that warrants reversing or modifying our decision to dismiss its protest. DECISION The State of Oklahoma, a state licensing agency (SLA), requests that we reconsider our decision in The State of Oklahoma, B-416851.9, Sept. 22, 2020, 2020 CPD ¶ 341, dismissing its protest challenging the award of a contract to Mitchco International, Inc. (MCI), of Saint Mathews, Kentucky, under request for proposals (RFP) No. W9124J-18-R-0024, issued by the Department of the Army for full food services and dining facility services at Fort Sill, Oklahoma.  Oklahoma argues that the public version of our decision issued on November 4, which included corrections to the protected decision issued on September 22, contained a legal error. We deny the request for reconsideration. BACKGROUND As explained in our decision, the RFP, issued on August 31, 2018, stated that the procurement would be conducted pursuant to the Randolph-Sheppard Act (RSA), which establishes a priority for blind persons represented by SLAs under the terms of the RSA, in the award of contracts for, among other things, the operation of cafeterias in federal buildings.  The State of Oklahoma, B-416851.9, supra at 2.  Award was to be made on a lowest-price, technically acceptable basis, considering the following factors: technical capability, past performance, and price.  Id.  Relevant here, the RSA’s implementing regulations state as follows: § 395.33 Operation of cafeterias by blind vendors. (a)Priority in the operation of cafeterias by blind vendors on Federal property shall be afforded when the Secretary determines, on an individual basis, and after consultation with the appropriate property managing department, agency, or instrumentality, that such operation can be provided at a reasonable cost, with food of a high quality comparable to that currently provided employees, whether by contract or otherwise.  Such operation shall be expected to provide maximum employment opportunities to blind vendors to the greatest extent possible. (b)  In order to establish the ability of blind vendors to operate a cafeteria in such a manner as to provide food service at comparable cost and of comparable high quality as that available from other providers of cafeteria services, the appropriate State licensing agency shall be invited to respond to solicitations for offers when a cafeteria contract is contemplated by the appropriate property managing department, agency, or instrumentality.  Such solicitations for offers shall establish criteria under which all responses will be judged.  Such criteria may include sanitation practices, personnel, staffing, menu pricing and portion sizes, menu variety, budget and accounting practices.  If the proposal received from the State licensing agency is judged to be within a competitive range and has been ranked among those proposals which have a reasonable chance of being selected for final award, the property managing department, agency, or instrumentality shall consult with the Secretary as required under paragraph (a) of this section.  If the State licensing agency is dissatisfied with an action taken relative to its proposal, it may file a complaint with the Secretary under the provisions of § 395.37. 34 C.F.R.