Aquila Fitness Consulting Systems, Ltd. ()

B-423173 Feb 21, 2025 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights Aquila Fitness Consulting Systems, Ltd. (Aquila), a small business of Miami, Florida, protests the terms of request for quotations (RFQ) No. M-24-A46-R-00017, issued by the Department of Justice, U.S. Marshals Service (USMS) for physical readiness and wellness program services at the Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia. The protester argues that the agency's decision to set aside the solicitation, issued under the General Services Administration's (GSA) Federal Supply Schedule (FSS), for women-owned small business (WOSB) concerns was unreasonable. 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: Aquila Fitness Consulting Systems, Ltd. File: B-423173 Date: February 21, 2025 Alexander J. Brittin, Esq., Brittin Law Group, P.L.L.C., for the protester. Jonathan E. O’Connell, Esq., Department of Justice, for the agency. Janis R. Millete, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging the agency’s decision to set aside a Federal Supply Schedule (FSS) procurement for women-owned small businesses is dismissed for failure to state a valid basis of protest because the protester has not alleged a violation of applicable law or regulation. DECISION Aquila Fitness Consulting Systems, Ltd. (Aquila), a small business of Miami, Florida, protests the terms of request for quotations (RFQ) No. M-24-A46-R-00017, issued by the Department of Justice, U.S. Marshals Service (USMS) for physical readiness and wellness program services at the Federal Law Enforcement Training Center (FLETC) in Glynco, Georgia. The protester argues that the agency’s decision to set aside the solicitation, issued under the General Services Administration’s (GSA) Federal Supply Schedule (FSS), for women-owned small business (WOSB) concerns was unreasonable. We dismiss the protest. BACKGROUND USMS issued the solicitation on Oct. 10, 2024, under the FSS provisions of Federal Acquisition Regulation (FAR) subpart 8.4, seeking quotations to provide physical readiness services. Contracting Officer’s Statement and Memorandum of Law (COS/MOL) at 1, 7.[1] Prior to solicitation issuance, the agency issued a sources sought notice that asked interested vendors to submit their business size and if applicable, “verified socioeconomic classifications,” commercial and government entity code[2], potential government schedules, i.e., GSA schedules, and a “comprehensive capabilities statement” to demonstrate how the requirements could be met.[3] Agency Report (AR), Tab 2, Sources Sought Notice at 2; see AR, Tab 1, Combined Acquisition Plan/Market Research Form (Market Research) at 3-4. The agency listed North American Industry Classification System (NAICS) code 611699 on the sources sought notice, designated as “All Other Miscellaneous Schools and Instruction” and the notice indicated that the acquisition strategy would be “based (in part) on the responses” to the sources sought notice.[4] AR, Tab 2, Sources Sought Notice at 1-2; COS/MOL at 3. The sources sought notice described the required services as follows: The USMS, Training Division (TD) requires contractor support in the development and on-site application/instruction of a physical readiness and wellness program. This is an on[]going need for the USMS and currently consist[s] of two (2) Injury Risk Reduction and Recovery Specialist[s] and one (1) Certified Athletic Trainer. These positions are onsite at the Federal Law Enforcement Training Center (FLETC) in Glynco, GA. AR, Tab 2, Sources Sought Notice at 2. Five of the six vendors that responded to the sources sought notice were small businesses with several that identified as socioeconomic concerns, i.e., service-disabled veteran-owned, Historically Underutilized Business Zone, economically-disadvantaged women-owned, and SBA 8(a) small business development. AR, Tab 1, Market Research at 4. Moreover, several firms disclosed that they held GSA FSS contracts that may meet agency requirements. COS/MOL at 3-4. Based on these responses, the agency used GSA’s “Market Research as a Service” (MRAS)[5] to post a draft performance work statement (PWS) to FSS contract holders. The agency also revised the NAICS code to 812990 for “Personal Trainer and Aerobic/Cardio Class Leader/Instructor” services, because the contracting officer determined that this NAICS code “was more specific” to the agency’s needs. COS/MOL at 4 n.4; AR, Tab 1, Market Research at 4-5.