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B-411752 1 (2015-10-16)

handle is hein.gao/gaobadroq0001 and id is 1 raw text is: G A O Comptroller General Accountabilty * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: Aldevra File: B-411752 Date: October 16, 2015 Rodney Marshall for the protester. Maj. Michael G. Pond, Department of the Army; Michael D. Tully, Esq., General Services Administration; and John W. Klein, Esq., and Sam Q. Le, Esq., Small Business Administration, for the agencies. Paula A. Williams, Esq., Jennifer D. Westfall-McGrail, Esq., and Edward Goldstein, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that agency was required by statute to set aside a Federal Supply Schedule order valued at approximately $4,300 is denied where statute and implementing regulations specifically provide that decision whether to set aside such an order is within the discretion of the contracting agency. DECISION Aldevra, of Portage, Michigan, a small business, protests the terms of request for quotations (RFQ) No. 999313, issued by the Department of the Army, National Guard Bureau, Kansas Air National Guard for an ice machine and water dispenser. The protester contends that the agency improperly failed to set aside the solicitation for small business concerns. We deny the protest. The RFQ, issued on June 29, 2015, contemplates the issuance of a delivery order for an ice machine/water dispenser on a brand name or equal basis. The solicitation was issued via the General Services Administration's (GSA) e-Buy portal pursuant to the Federal Supply Schedule (FSS) procedures in Federal Acquisition Regulation (FAR) Subpart 8.4. The requirement, which has a value of approximately $4,300, was not set aside for small business competition. Prior to the scheduled closing time for receipt of quotations on July 9, Aldevra, which holds an FSS contract, protested to our Office.

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