Phoenix Environmental Design, Inc. (B-422949)

You should not care.

Category: Simplified acquisition procedures

Date: 9 December 2024

URL: https://www.gao.gov/products/b-422949

Phoenix Environmental Design protested VA’s award of a contract to Walking Points Farms for grass seed at the Santa Fe National Cemetery. The protester alleged it was improperly excluded from competition when VA did not orally solicit a quotation from them, despite their known interest in similar requirements.

The key issue was whether VA deliberately excluded Phoenix from competing. GAO found no evidence of intentional exclusion, noting that while the CO was aware of Phoenix's interest in a similar requirement at a different location, this awareness did not create an obligation to solicit Phoenix for all similar requirements.

The protest was denied. GAO determined that under simplified acquisition procedures, while agencies must promote competition to the maximum extent practicable, there was no evidence the VA deliberately excluded Phoenix from competing.

Digest

Protest challenging agency's decision not to orally solicit a quotation from the protester is denied where the record does not demonstrate the agency intentionally excluded the protester from the competition.