Phoenix Environmental Design, Inc.

B-411678 Sep 28, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Phoenix Environmental Design, Inc., of Newman Lake, Washington, protests the issuance of a purchase order (No. VA-786-15-P-0884) to Green Wave Supply and Logistics, Inc., of Buena Park, California, by the Department of Veterans Affairs (VA), National Cemetery Administration, for landscaping supplies needed for the treatment of deteriorating turf at the Florida National Cemetery in Bushnell, Florida. Phoenix alleges that the purchase order resulted from an improper sole-source award to Green Wave. We deny the protest. We deny the protest. View Decision Decision Matter of: Phoenix Environmental Design, Inc. File: B-411678 Date: September 28, 2015 C. Chad Gill for the protester. Elyse M. Griffiths, Esq., Department of Veterans Affairs, for the agency. Susan K. McAuliffe, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Contracting agency s decision to conduct limited competition for urgently needed landscaping supplies was unobjectionable where agency reasonably limited competition to four vendors that had recently submitted quotations for the items under a cancelled solicitation. DECISION Phoenix Environmental Design, Inc., of Newman Lake, Washington, protests the issuance of a purchase order (No. VA-786-15-P-0884) to Green Wave Supply and Logistics, Inc., of Buena Park, California, by the Department of Veterans Affairs (VA), National Cemetery Administration, for landscaping supplies needed for the treatment of deteriorating turf at the Florida National Cemetery in Bushnell, Florida. Phoenix alleges that the purchase order resulted from an improper sole-source award to Green Wave. We deny the protest. On April 10, 2015, the agency solicited quotations for the delivery of various quantities of fertilizer, pesticides, fungicides, and pre-emergents for use at the Florida National Cemetery. The solicitation provided for a delivery schedule with four installments extending over the summer months through September 30. Phoenix protested the terms of this solicitation, however, which had been set aside for service-disabled, veteran-owned small businesses, arguing that it failed to provide sufficient information to permit quotations of commercially available items. In response to the protest, the agency cancelled the solicitation and our Office dismissed the protest as academic. Phoenix Environmental Design, Inc., B‑411381.2, June 10, 2015. Subsequently, on June 18, the agency issued a revised solicitation for the requirements sought under the cancelled solicitation.[1] Prior to the issuance of the revised solicitation, the agency identified an urgent need for a limited delivery of landscaping supplies to treat deteriorating turf at the cemetery. In connection with this need, on June 4, the agency prepared a requisition request for an interim purchase of limited quantities of several items. Agency Report (AR), Exh. 5 at 5‑6. Based on this request, the contracting officer decided to conduct a limited competition for the needed supplies pursuant to Federal Acquisition Regulation (FAR) 6.302-2(c)(2), which authorizes the use of other than full and open competition due to unusual and compelling urgency. AR, Legal Memorandum at 1; Contracting Officer s (CO) Statement at 1. According to the contracting officer, on June 8, he requested and received verbal quotations from four vendors that had submitted quotations in response to the April 10 cancelled solicitation. Id. Green Wave quoted the lowest price. Id. On June 8, the contracting officer signed a Justification and Approval (J&A) in support of an award to Green Wave under the authority of FAR  6.302-2(c)(2) for the use of other than full and open competition due to urgent and compelling circumstances. As justification of the agency s decision to obtain other than full and open competition, the J&A indicated that the Florida National Cemetery has over 250 acres of turf with an estimated value of over $13 million, which, according to the agency was in dire need of treatment. AR, Exh. 5 at 1. As explained in the J&A, delivery of the necessary landscape supplies had been delayed due to the protest filed by Phoenix in connection with the April 10 solicitation and that without procuring the necessary supplies the turf will be los[t] and require replacement. Id. After obtaining the necessary approvals for the J&A, the agency issued the purchase order to Green Wave on June 17 in the amount of $43,168.50 and posted notice of the award to Green Wave on the Federal Procurement Database System.