[Federal Register: December 16, 1999 (Volume 64, Number 241)] [Notices] [Page 70229-70230] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16de99-62] ----------------------------------------------------------------------- DEPARTMENT OF EDUCATION Arbitration Panel Decision Under the Randolph-Sheppard Act AGENCY: Department of Education. ACTION: Notice of arbitration panel decision under the Randolph- Sheppard Act. ----------------------------------------------------------------------- SUMMARY: Notice is hereby given that on September 25, 1998, an arbitration panel rendered a decision in the matter of David J. Stewart v. Alabama Department of Rehabilitation Services (Docket No. R-S/97- 12). This panel was convened by the U.S. Department of Education pursuant to 20 U.S.C. 107d-1(a) upon receipt of a complaint filed by petitioner, David J. Stewart. FOR FURTHER INFORMATION CONTACT: A copy of the full text of the arbitration panel decision may be obtained from George F. Arsnow, U.S. Department of Education, 400 Maryland Avenue, SW., room 3230, Mary E. Switzer Building, Washington DC 20202-2738. Telephone: (202) 205-9317. If you use a telecommunications device for the deaf (TDD), you may call the TDD number at (202) 205-8298. Individuals with disabilities may obtain this document in an alternate format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in the preceding paragraph. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the Federal Register, in text or Adobe Portable Document Format (PDF) on the Internet at either of the following sites: http://ocfo.ed.gov/fedreg.htm http://www.ed.gov/news.html To use the PDF you must have the Adobe Acrobat Reader Program with [[Page 70230]] Search, which is available free at either of the previous sites. If you have questions about using the PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at (202) 512-1530. Note: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available on GPO Access at: http:// www.access.gpo.gov/nara/index.html. SUPPLEMENTARY INFORMATION: Pursuant to the Randolph-Sheppard Act (20 U.S.C. 107d-2(c)) (the Act), the Secretary publishes in the Federal Register a synopsis of each arbitration panel decision affecting the administration of vending facilities on Federal and other property. Background This dispute concerns the alleged improper denial of Mr. David J. Stewart's request to bid on a vending location at Fort McClellan, Anniston, Alabama by the Alabama Department of Rehabilitation Services, the State licensing agency (SLA). A summary of the facts is as follows: In May 1994, the United States Army through the Directorate of Contracting issued a solicitation for bids to provide food services at Fort McClellan, Anniston, Alabama. The advertised solicitation merely referred to the provision of food services. There was no mention that the facility was to be operated as a cafeteria-type operation, nor were there any restrictions limiting applicants to only persons with cafeteria training or experience. The SLA issued a memorandum to licensed blind vendors and licensees informing them that a bid proposal for the food services contract at Fort McClellan, Anniston, Alabama was available. The successful bidder would be involved in a joint venture with KCA, a private food service company that would be responsible for the operation of three 1,000- personnel dining facilities serving three meals per day, seven days per week, and one 500-personnel dining facility serving three meals a day, Monday through Friday. The SLA listed the operation of a food service facility as required experience. The complainant, David J. Stewart, submitted his bid application along with 12 other applicants. The complainant, who operated a vending route, did not have any prior experience at that time in operating a cafeteria. However, in 1990 Mr. Stewart and five other blind licensees completed a cafeteria training program conducted by the E. H. Gentry Technical Facility under the auspices of the SLA. Following the close of the bidding process, the selection committee, which included SLA staff and members of the Committee of Blind Vendors, reviewed the applicants' eligibility, qualifications, and experience. In addition, each applicant was given points for vendor appraisals and seniority. The selection committee awarded the Fort McClellan cafeteria food service to the vendor who had received the highest total number of points. Mr. Stewart requested and received a State evidentiary fair hearing on this matter on February 7, 1997. In April 1997, the Hearing Officer affirmed the SLA's decision to award the Fort McClellan facility to another vendor. The SLA adopted the Hearing Officer's decision as final agency action, and it is this decision that Mr. Stewart sought to have reviewed by a Federal arbitration panel. A Federal arbitration hearing on this matter was held on July 30, 1998. Arbitration Panel Decision The issue before the arbitration panel was whether the Alabama Department of Rehabilitation Services violated its policies and procedures governing the Business Enterprise Program of Alabama during the advertisement and selection of a vendor/manager for the Fort McClellan facility. The majority of the panel found that there was no evidence to support the complainant's allegations. Specifically, the panel found that the SLA's announcement of the bid opening at the Fort McClellan facility tracked the language of the United States Army's solicitation for food service and could not be construed as misleading. The panel found that it was not within the SLA's authority to unilaterally alter the terms of the solicitation or set aside its own job qualifications. The majority also found that the selection of the members to serve on the selection committee was consistent with and conducted in accordance with existing procedures and practices that had been in effect for years without any showing of prejudice to the complainant. Further, the panel found that the successful applicant, who had the highest total number of points among the applicants considered and was unanimously selected as the manager of the Fort McClellan facility, had food service experience as advertised in the United States Army's solicitation. The selection committee fully considered Mr. Stewart's completion of a cafeteria training program, which was a factor, but was not an employment guarantee as complainant's position implied. One panel member dissented. The views and opinions expressed by the panel do not necessarily represent the views and opinions of the U.S. Department of Education. Dated: December 10, 1999. Judith E. Heumann, Assistant Secretary for Special Education and Rehabilitative Services. [FR Doc. 99-32669 Filed 12-15-99; 8:45 am] BILLING CODE 4000-01-P