John P. Santry--Designated Employee Agent
B-402827: Aug 2, 2010
- Full Report:
John P. Santry--Designated Employee Agent, President of the American Federation of Government Employees Local 1764, protests the Department of the Air Force's issuance of request for quotations (RFQ) No. F41999-10-Q-0495, which seeks submission of quotations from private-sector food service contractors to provide various food service activities at specified Air Force bases (AFB). The solicitation was issued in April 2010, as phase I of an Air Force initiative referred to as the food transformation initiative (FTI). Pursuant to the solicitation, vendors are required to submit quotations for "core" requirements, which the agency defines as "operation of the mission essential [appropriated fund] dining facilit[ies] at each installation" along with providing non-appropriated fund "catering operations," and vendors may, at their option, submit quotations for "optional" food service operations at base bowling alleys, golf courses, clubs, and similar establishments. Contracting Officer's Statement at 2; see generally RFQ, Statement of Work 1.1-1.3. The agency states that a contract for the optional operations "may be awarded at the discretion of the local installation." Contracting Officer's Statement at 2.
Santry protests that, by seeking proposals from private-sector contractors, the agency has failed to comply with the statutory requirements codified at 10 U.S.C. 2461, as amended by the National Defense Authorization Act for Fiscal Year 2010, H.R. 2647, Pub. L. No. 111-84, 123 Stat. 2191 (2009), in that the agency is not conducting a public-private competition for performance of the food service functions. The agency's actions do not violate the statutory requirements of 10 U.S.C. 2461.