Phoenix Environmental Design, Inc.

B-411746 Oct 14, 2015 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Phoenix Environmental Design, Inc., of Newman Lake, Washington, a service-disabled, veteran-owned small business (SDVOSB), protests the terms of request for quotations (RFQ) No. VA786-15-Q-0287 (RFQ-0287) issued by the Department of Veterans Affairs (VA). Phoenix contends that certain terms of the solicitation are ambiguous and do not adequately communicate the agency's requirements. We deny the protest. We deny the protest. View Decision Decision Matter of:  Phoenix Environmental Design, Inc. File:  B-411746 Date:  October 14, 2015 Colin-Chad Gill, Phoenix Environmental Design, Inc., for the protester. Elyse M. Griffiths, Esq., Department of Veterans Affairs, for the agency. Katherine I. Riback, Esq., and Jonathan L. Kang, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the terms of a solicitation for fertilizers are ambiguous and do not adequately communicate the agency’s requirements is denied where the solicitation provides sufficient information on which vendors can compete intelligently and on a relatively equal basis. DECISION Phoenix Environmental Design, Inc., of Newman Lake, Washington, a service‑disabled, veteran-owned small business (SDVOSB), protests the terms of request for quotations (RFQ) No. VA786-15-Q-0287 (RFQ-0287) issued by the Department of Veterans Affairs (VA).  Phoenix contends that certain terms of the solicitation are ambiguous and do not adequately communicate the agency’s requirements.  We deny the protest.  BACKGROUND On April 10, 2015, prior to the issuance of the solicitation challenged here by Phoenix, the agency published RFQ No. VA-786-15-Q-0161 (RFQ-0161) for fertilizer, pesticides, fungicides, herbicides and pre-emergents at the Florida National Cemetery.  The solicitation contained contract line item numbers (CLINs) 0001-0003 for fertilizer with a nitrogen, phosphorous, and potassium (NPK) rating of (15-0-15)[1] and stated, in the salient characteristics sections of these CLINs, that the fertilizer must contain 15 percent total nitrogen (2 percent ammoniacal nitrogen and 13 percent urea nitrogen) and 15 percent soluble potash, and be derived from ammonium phosphate, muriate of potash, polymer coated urea, and urea.  Agency Response to GAO Questions (Oct. 5, 2015), at 1-2.  CLIN 0004 was for a 0-0-15 fertilizer and stated, in the salient characteristics section of the CLIN, that it was to contain 15 percent soluble potash and that it had to be derived from ammonium phosphate, muriate of potash and polymer coated urea.  Id. at 3.  Phoenix protested the terms of the solicitation as ambiguous.  The agency subsequently cancelled the solicitation, and our Office dismissed the protest as academic.  Phoenix Envtl. Design, Inc., B-411381.2, June 10, 2015.  On June 18, the VA posted the current solicitation, RFQ-0287, on the Federal Business Opportunities website for the same fertilizer requirements at the Florida National Cemetery.  The solicitation includes 23 CLINs.  This protest concerns CLINs 0001 through 0004.  CLINs 0001-0003 for the current solicitation are for a 15-0-15 fertilizer, and state in the salient characteristics that they must contain 15 percent total nitrogen (2 percent ammoniacal nitrogen and 13 percent urea nitrogen) and 15 percent soluble potash; as compared to the prior solicitation, these CLINs state that the fertilizer must be derived from muriate of potash and polymer coated urea, and do not require a derivation from ammonium phosphate.  RFQ at 7‑8.  CLIN 0004 is for a 0‑0-15 fertilizer, which must be comprised of 15 percent soluble potash; as compared to the prior solicitation, this fertilizer must be derived from muriate of potash.[2]  Id.