Melwood Horticultural Training Center, Inc. (ON-3981)

B-419424 Feb 10, 2021 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights 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. We dismiss the protest. 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:  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] We dismiss the protest. BACKGROUND Under the JWOD Act, the Commission has the exclusive authority to establish and maintain a procurement list of supplies and services provided by qualified nonprofit agencies employing blind or severely disabled persons under the AbilityOne program.  41 U.S.C. §§ 8502(a), 8503(a); 41 C.F.R. § 51‑2.8.  The JWOD Act states that the procurement list is the mandatory source of supply for federal agencies for any good or service on that list: An entity of the Federal Government intending to procure a product or service on the procurement list . . . shall procure the product or service from a qualified nonprofit agency for the blind or a qualified nonprofit agency for other severely disabled in accordance with regulations of the Committee and at the price the Committee establishes if the product or service is available within the period required by the entity. 41 U.S.C. § 8504(a).  The JWOD Act provides governmentwide authority for noncompetitive acquisitions for specified supplies or services.  See Federal Acquisition Regulation 6.302-5(b)(2); subpart 8.7. SourceAmerica is designated by the Commission as a central nonprofit agency (CNA) that is charged with performing various functions in furtherance of the JWOD Act.  See 41 U.S.C. § 8503(c); see also 41 C.F.R. § 51-3.1(a).  For example, the JWOD Act specifies that CNAs “facilitate the distribution, by direct allocation, subcontract, or any other means, of orders of the Federal Government for products and services on the procurement list among qualified nonprofit agencies.”  41 U.S.C.