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B-421918 Nov 20, 2023 1 (2023-11-20)

handle is hein.gao/gaopnl0001 and id is 1 raw text is: 



                    U.S. GOVERNMENT   ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                             of the United States

                                             DOCUMENT  FOR PUBLIC RELEASE
                                           The decision issued on the date below was subject to
Decision                                   a GAO Protective Order. This redacted version has
                                           been approved for public release


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;

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