Waste Management, Inc. of Florida (80GRC023Q0003)

B-421918 Nov 20, 2023 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Waste Management, Inc. of Florida (WM), of Boca Raton, Florida, protests the terms of request for quotations (RFQ) No. 80GRC023Q0003, issued by the National Aeronautics and Space Administration (NASA) for refuse collection and disposal services at the John F. Kennedy Space Center, Merritt Island, Florida. WM argues that NASA unreasonably issued the RFQ to historically underutilized business zone (HUBZone) vendors because only WM, as the exclusive franchise agreement holder for solid waste disposal in Brevard County, Florida, is eligible to provide the requisite services. We deny 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: Waste Management, Inc. of Florida File: B-421918 Date: November 20, 2023 William A. Shook, Esq., The Law Offices of William A. Shook PLLC, for the protester. Michael G. Anderson, Esq., Angela R. Mucha, Esq., MacAllister A. West, Esq., and Marshall D. McKellar, Esq., National Aeronautics and Space Administration, for the agency. Todd C. Culliton, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency unreasonably issued solicitation to firms not having an exclusive franchise agreement for solid waste collection in Brevard County, Florida, is denied where the terms of the franchise agreement did not extend to the federal facility in question. DECISION Waste Management, Inc. of Florida (WM), of Boca Raton, Florida, protests the terms of request for quotations (RFQ) No. 80GRC023Q0003, issued by the National Aeronautics and Space Administration (NASA) for refuse collection and disposal services at the John F. Kennedy Space Center, Merritt Island, Florida. WM argues that NASA unreasonably issued the RFQ to historically underutilized business zone (HUBZone) vendors because only WM, as the exclusive franchise agreement holder for solid waste disposal in Brevard County, Florida, is eligible to provide the requisite services. We deny the protest. BACKGROUND On August 3, 2023, NASA issued the RFQ to procure solid waste, refuse, and disposal services at the Kennedy Space Center. Agency Report (AR), Tab 8, RFQ at 204, 206; AR, Tab 14, RFQ, Performance Work Statement at 285.[1] The RFQ was restricted to HUBZone small businesses. RFQ at 204. The RFQ contemplated the award of a fixed‑price indefinite-delivery, indefinite-quantity contract to be performed over a 1-year base period, and four 1-year option periods. Id. at 205-207. Award would be made on a lowest-price technically acceptable basis considering technical capability and price factors. Id. at 210-211. The contract has an estimated value of [DELETED]. Contracting Officer’s Statement (COS) at 2. Prior to the August 25, close of the solicitation period, WM filed this protest with our Office. DISCUSSION WM asserts that NASA unreasonably issued the RFQ because it is the only eligible vendor for solid waste disposal services in Brevard County, Florida. Applicable statutory provisions require NASA to comply with local solid waste collection franchise laws and WM argues that it has exclusive authority to collect and dispose of solid waste material at the Kennedy Space Center pursuant to a franchise agreement between WM and Brevard County, Florida.[2] Protest at 3-4. WM contends that the franchise agreement provides the firm with the right to collect all solid waste from unincorporated areas, including the Kennedy Space Center. Id. The agency responds that the Kennedy Space Center is not located within the service area (i.e., Benefit Unit) referenced in WM’s franchise agreement. MOL at 3-4. As support, the agency points to maps showing that the franchise agreement does not include the Kennedy Space Center as part of the service area, and communications from the Brevard County Solid Waste Management Department explaining that Brevard County does not intend to contract on behalf of the NASA or the Kennedy Space Center. Id. at 6. Thus, the issue before our Office is whether WM has exclusive authority to collect and dispose of solid waste material at the Kennedy Space Center pursuant to the established franchise agreement between WM and Brevard County, thereby requiring NASA to procure its solid waste services from WM on a sole-source basis. Where a protester and agency disagree over the meaning of a germane contract, we will resolve the matter by reading the contract as a whole and in a manner that gives effect to all its provisions. Black & Veatch Special Projects Corp., B-417166, Mar. 5, 2019, 2019 CPD ¶ 101 at 4. Where a dispute exists as to a contract’s terms, we will examine the plain language of the contract.