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, Inc. (PED), a service-disabled veteran-owned small business from West Richland, Washington, protested the award of a contract for grass seed to Walking Points Farms, LLC (WPF), RFQ #36C78624Q50406, issued by VA for the Santa Fe National Cemetery. PED argued that the agency's decision not to solicit them for a quotation was contrary to law and regulation, as it believed the agency failed to provide them with an opportunity to compete.

Key issues in the case included whether the agency intentionally excluded PED from the competition and whether the agency's decision to utilize an oral solicitation was reasonable. GAO found that the agency followed procurement procedures appropriately under the simplified acquisition process and noted that PED had not expressed interest in this specific procurement prior to the award. GAO emphasized that an agency is not obligated to solicit a vendor unless there is clear evidence of an intention to exclude them, which was not established in this case.

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.