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B-411044 1 (2015-04-27)

handle is hein.gao/gaobadrce0001 and id is 1 raw text is: 




          SG    A    O                                                  Comptroller General
Accountability * Integrity * Reliability                                of the United States
  United States Government Accountability Office
  Washington, DC 20548



           Decision


           Matter of:  Phoenix Environmental Design, Inc.

           File:       B-411044

           Date:       April 27, 2015

           C. Chad Gill, Phoenix Environmental Design, Inc., for the protester.
           Elyse M. Griffiths, Esq., Department of Veterans Affairs, for the agency.
           Peter D. Verchinski, Esq., and Nora K. Adkins, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protester's contention that an agency procurement for brand-name pesticide
           improperly limits competition is denied where the agency reasonably justified that
           only the brand name product would meet the agency's needs.
           DECISION

           Phoenix Environmental Design, Inc., of Newman Lake, Washington, a
           service-disabled veteran-owned small business (SDVOSB), protests the terms of
           request for quotations (RFQ) No. VA786-15-Q-0066, issued by the Department of
           Veterans Affairs (VA) for Wisdom EZ lawn pesticide for Willamette National
           Cemetery in Portland, Oregon. Phoenix primarily contends that the solicitation,
           which limits the competition to the brand name item, is unduly restrictive of
           competition.

           We deny the protest.

           BACKGROUND

           On January 9, 2015, the agency posted a synopsis on the federal government's
           FedBizOpps (Federal Business Opportunities) website, informing potential offerors
           of the upcoming requirement for pesticide and stating that the pesticide would be
           purchased on a brand name or equal basis. Shortly after the agency posted the
           synopsis, however, the contracting officer executed a justification and approval
           (J&A) to procure the pesticide on a brand name only basis. The J&A stated

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