ARC Relocation, LLC

B-416035 May 18, 2018 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights American Relocation Connections, LLC (ARC), of Fairfax, Virginia, protests the decision by the Department of Homeland Security, Customs and Border Protection (CBP) agency, not to set aside request for quotations (RFQ) No. 70B05C18Q00000021 for small businesses. The protester argues that the agency was required to set aside the solicitation, which anticipates the establishment of a blanket purchase agreement (BPA) under the General Services Administration's (GSA) Federal Supply Schedule (FSS), for small businesses. The protester also argues that the agency's market research and decision not to set aside the RFQ were unreasonable. We dismiss the protest. We dismiss the protest. View Decision DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of:  American Relocation Connections, LLC File:  B-416035 Date:  May 18, 2018 Bret S. Wacker, Esq., and Emily J. Baldwin, Esq., Clark Hill PLC, for the protester. Kimberly L. Cohen, Esq., Department of Homeland Security, for the agency. Jonathan L. Kang, Esq., and Laura Eyester, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1.  Protest challenging the agency’s decision not to set a solicitation aside for small businesses is dismissed for failure to state a valid basis of protest because set-asides under the Federal Supply Schedule are discretionary. 2.  Mandatory set-aside requirements for veteran-owned businesses under the Veterans Benefits, Health Care, and Information Technology Act of 2006 apply only to procurements conducted by the Department of Veterans Affairs.  DECISION American Relocation Connections, LLC (ARC), of Fairfax, Virginia, protests the decision by the Department of Homeland Security, Customs and Border Protection (CBP) agency, not to set aside request for quotations (RFQ) No. 70B05C18Q00000021 for small businesses.  The protester argues that the agency was required to set aside the solicitation, which anticipates the establishment of a blanket purchase agreement (BPA) under the General Services Administration’s (GSA) Federal Supply Schedule (FSS), for small businesses.  The protester also argues that the agency’s market research and decision not to set aside the RFQ were unreasonable.  We dismiss the protest. BACKGROUND CBP issued the solicitation on January 19, 2018, seeking quotations to provide employee relocation services.  Agency Report (AR), Tab 7, RFQ, at 1.  The services include assistance for employees with home sales, move management, transportation service selection, and related counseling.  AR, Tab 7, Attach. 1, Statement of Work, at 1-4.  The RFQ was issued under the FSS provisions of Federal Acquisition Regulation (FAR) subpart 8.4, and is limited to vendors holding contracts under schedule No. 48, with special item Nos. 653-1, 653-4, 653-5, and 653-7.  Id. at 1; AR, Tab 9, RFQ amend. 2, at 1.  The agency issued RFQ amendment 1 on February 5, which states that the applicable North American Industrial Classification System (NAICS) code is 531210.  AR, Tab 8, RFQ amend. 1, at 2.  The agency states that the anticipated value of the award is expected to “far exceed[]” the simplified acquisition threshold.  Contracting Officer’s Statement (COS) at 2; see FAR § 2.101.  The RFQ anticipates the establishment of a fixed-price BPA with a base period of 1 year with four 1-year options.  RFQ at 3, 19.  Prior to issuing the solicitation, the agency conducted market research, which concluded that the agency was not likely to receive quotations from two or more small businesses.  COS at 1.  After issuing the solicitation, a CBP contract specialist corresponded with the Department of Homeland Security, Office of Small & Disadvantaged Business Utilization (OSDBU) regarding the decision not to set the RFQ aside for small business.  On February 6, an OSDBU adviser stated that he had no objections to the unrestricted strategy based on the information provided by CBP.  AR, Tab 10, Email from OSDBU, Feb. 6, 2018 (10:07 a.m.).  ARC filed this protest on February 13, prior to the RFQ’s closing date. DISCUSSION ARC raises two primary challenges to CBP’s decision not to set the solicitation aside for small businesses.  First, the protester argues that applicable statutory and regulatory provisions require the agency to set the solicitation aside for small businesses.  Second, the protester argues that the agency’s market research, upon which the agency relied in not setting the RFQ aside for small businesses, was not reasonable.  For the reasons discussed below, we conclude that ARC fails to state a valid basis of protest because the agency is not required to set aside the solicitation for this FSS procurement.  For this reason, we also dismiss the protester’s challenge...