Phoenix Environmental Design, Inc. (140FHR24F0017)

B-422547 Jul 29, 2024 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Phoenix Environmental Design, Inc. (Phoenix Environmental), a service-disabled veteran-owned small business (SDVOSB) of West Richland, Washington, protests the award of a delivery order to Morning Star Industries, Inc. (Morning Star), a small business of Jensen Beach, Florida, under request for quotations (RFQ) No. 140FHR24F0017 issued by the Department of the Interior, U.S. Fish and Wildlife Service for herbicides to be used at Anahuac National Wildlife Refuge. The protester contends that the agency improperly failed to solicit the protester for the procurement because the agency was aware of the protester's interest in competing for these requirements. The protester also argues that the award was improper because the agency issued the order under a special item number (SIN) that was different from the SIN under which the agency solicited quotations. We deny the protest. View Decision Decision Matter of: Phoenix Environmental Design, Inc. File: B-422547 Date: July 29, 2024 C. Chad Gill, for the protester. William Blake, Esq., Department of the Interior, for the agency. Suresh S. Boodram, Esq., and Evan D. Wesser, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging the agency's decision to not solicit the protester is denied where the solicitation was issued to at least three schedule contractors in accordance with the procedures of Federal Acquisition Regulation (FAR) subpart 8.4. 2. Protest alleging that the agency improperly awarded order to a vendor under a special item number (SIN) that was different from the SIN the solicitation was issued under is denied where the solicitation was not limited to the SIN under which the solicitation was issued, and the awardee's equipment was available under the awardee's applicable Federal Supply Schedule contract. DECISION Phoenix Environmental Design, Inc. (Phoenix Environmental), a service-disabled veteran-owned small business (SDVOSB) of West Richland, Washington, protests the award of a delivery order to Morning Star Industries, Inc. (Morning Star), a small business of Jensen Beach, Florida, under request for quotations (RFQ) No. 140FHR24F0017 issued by the Department of the Interior, U.S. Fish and Wildlife Service for herbicides to be used at Anahuac National Wildlife Refuge. The protester contends that the agency improperly failed to solicit the protester for the procurement because the agency was aware of the protester's interest in competing for these requirements. The protester also argues that the award was improper because the agency issued the order under a special item number (SIN) that was different from the SIN under which the agency solicited quotations.[1] We deny the protest. BACKGROUND On March 12, 2024, the agency issued the RFQ on the General Services Administration's (GSA) electronic RFQ system, eBuy, as a small business set-aside.[2] Agency Report (AR), Tab 4, RFQ. The RFQ was issued under SIN 332510C using the Federal Supply System (FSS) procedures of Federal Acquisition Regulation (FAR) provision 8.405-1.[3] Id; Contracting Officer Statement (COS) at 2. The RFQ contemplated the issuance of a fixed-price, brand name or equal, delivery order for herbicides to control aquatic and terrestrial invasive species across various wildlife refuges at Texas Chenier Plain National Wildlife Refuge Complex. AR, Tab 3, Simplified Acquisition Strategy at 1; Tab 5, Specifications at 1. The agency received four responsive quotations by the RFQ's March 26 response date.[4] AR Tab 7, Simplified Acquisition Summary Final at 2; Tab 4, RFQ. Phoenix Environmental did not have access to the RFQ on eBuy because the protester does not have SIN 332510C on its FSS contract, and it was not otherwise solicited for these requirements. On March 29, 2024, based on the agency's findings that Morning Star offered the lowest-priced, technically acceptable (LPTA) quotation, the agency issued the order to Morning Star at a total price of $53,938.10. AR, Tab 7, Simplified Acquisition Summary Final at 3. Relevant to the issues presented in the protest, this RFQ reflects the agency's third attempt to acquire the herbicides at issue. The agency first issued a brand name only solicitation. Phoenix Environmental protested with our Office the brand name only limitation as unduly restrictive of competition; that protest was dismissed as academic based on the agency's proposed corrective action to cancel that solicitation and reassess its requirements. See Phoenix Envtl. Design, Inc., B-422314, Jan. 30, 2024 (unpublished decision). The agency then issued a second solicitation; following correspondence with Phoenix Environmental raising concerns with that solicitation, the agency cancelled the solicitation. See Protest at 2-4 (incorporating emails between the protester and agency).