Phoenix Environmental Design, Inc.

B-414743 Aug 30, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Phoenix Environmental Design, Inc., of Newman Lake, Washington, protests the terms of request for quotations (RFQ) No. 1193852, which was issued by the Department of the Interior, U.S. Fish and Wildlife Service, for herbicide and related products. The protester alleges that the agency violated multiple provisions of Federal Acquisition Regulation (FAR) subpart 8.4 and improperly issued the solicitation to holders of General Services Administration (GSA) Federal Supply Schedule (FSS) 51V--hardware superstore contracts. We deny the protest. We deny the protest. View Decision Decision Matter of:  Phoenix Environmental Design, Inc. File:  B-414743 Date:  August 30, 2017 C. Chad Gill, for the protester. Craig T. Donovan, Esq., Department of the Interior, for the agency. Nora K. Adkins, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest alleging that the agency failed to follow the procedures of Federal Acquisition Regulation (FAR) subpart 8.4 in issuing a request for quotations to federal supply schedule (FSS) contract-holders is denied where the agency conducted market research and issued the solicitation in accordance with the relevant FAR provisions. 2.  Protest challenging the issuance of a solicitation to both FSS 51V and 73 contract‑holders is denied where the agency’s market research demonstrated that each schedule included vendors that could provide the items. DECISION Phoenix Environmental Design, Inc., of Newman Lake, Washington, protests the terms of request for quotations (RFQ) No. 1193852, which was issued by the Department of the Interior, U.S. Fish and Wildlife Service, for herbicide and related products.  The protester alleges that the agency violated multiple provisions of Federal Acquisition Regulation (FAR) subpart 8.4 and improperly issued the solicitation to holders of General Services Administration (GSA) Federal Supply Schedule (FSS) 51V--hardware superstore contracts. We deny the protest. BACKGROUND On April 5, 2017, the U.S. Fish and Wildlife Service’s Mid-Columbia River National Wildlife Refuge Complex issued an internal program purchase request to the agency’s contract specialist for the purchase of various herbicides and adjuvants to maintain the bare ground of roads and firebreaks, and assist in the maintenance and rehabilitation of native habitats with the complex.  Agency Report (AR), Tab 4, Program Purchase Request, at 1-2.  In response to the request, the contract specialist conducted market research, which included a review of prior sources and government databases.  Id., Tab 5b, Acquisition Planning Memorandum, at 1.  Based on the agency’s prior purchase history, the contract specialist researched the GSA Advantage online portal to locate schedule 51V--hardware superstore contract‑holders providing herbicides.  Id.  The contract specialist located 37 vendors providing herbicides on schedule 51V.  Id.; Tab 7a, Market Research FSS 51V, at 1.  Among the 37 vendors, the contract specialist found most, but not all of the brand name items requested on the vendors’ FSS contracts.  AR, Tab 5b, Acquisition Planning Memorandum, at 1.  Thus, the agency decided to issue a brand name or equal RFQ to permit vendors to submit quotations for equivalent items.  Id. On May 15, the agency posted the RFQ to the GSA’s electronic RFQ system, e-Buy, under FSS 51V SIN 341 100 (lawn and garden equipment, machinery, implements, and products) and SIN 105 002 (hardware store, home improvement center, or MRO‑catalog).  Contracting Officer Statement at 1.  Also on May 15, the agency issued RFQ modification No. 1, which added schedule 73--food service, hospitality, and cleaning SIN 507 9 (insect repellant) to the solicitation.[1]  RFQ mod. No. 1, at 1. Phoenix, a schedule 73 contract-holder, contacted the agency to present its concerns with various aspects of the solicitation.  In response to the concerns of Phoenix, the agency issued modification No. 2 on May 16 to clarify the brand name or equal specifications of the solicitation.  RFQ mod. No. 2.  On May 17, the agency modified the RFQ a final time to address the remainder of Phoenix’s concerns.  RFQ mod. No. 3.  The final RFQ requested 11 herbicides and surfactants.  Id.  The solicitation provided that a vendor “shall supply the requested amounts of the following herbicides and surfactant OR EQUAL PRODUCTS;  to be considered equal, products must have the identified ‘SALIENT CHARACTERISTICS’ and be suitable for the specific application uses.”  Id. (emphasis in original).  The RFQ additionally notified vendors that “[a]ll product and services offered must be on your current GSA schedule contract.”  Phoenix Comments at 2.  Vendors were also warned “not [to] include any open market items in their offer.”  Id.