[Requests for Reconsideration of Protests of Air Force Cancellation of Solicitation]

B-250465.6,B-250465.7,B-250783.2: Jun 4, 1993

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The Air Force and a firm requested reconsideration of dismissed protests against the Air Force's cancellation of a solicitation for food services. GAO had held that the Small Business Act's provisions covered disputes over the Air Force's decision not to procure services under the 8(a) program. In requests for reconsideration, the protesters contended that the: (1) Randolph-Sheppard Act did not apply to the procurement, since the required services went beyond the definition of a cafeteria; and (2) Air Force improperly cancelled the small business set-aside. GAO held that: (1) it would consider the issues regarding the act's applicability; (2) the principal solicitation requirement was to provide cafeteria-style food service; (3) there was no basis for requiring a cafeteria operator to set its own prices and receive cash payment to establish a reasonable cost under the act; (4) the Department of Defense's and the Department of Education's regulations did not exclude the procurement from the act's coverage; and (5) the Air Force properly cancelled the solicitation as a small business set-aside and conducted an unrestricted procurement pursuant to the Randolph-Sheppard Act. Accordingly, the protests were denied.

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