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B-413373 1 (2016-10-14)

handle is hein.gao/gaobadspy0001 and id is 1 raw text is: 




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



           Decision


           Matter of:  Phoenix Environmental Design, Inc.

           File:       B-413373

           Date:       October 14, 2016

           C. Chad Gill, Phoenix Environmental Design, Inc., for the protester.
           Craig T. Donovan, Esq., Department of the Interior, for the agency.
           Mary G. Curcio, Esq., and Laura Eyester, Esq., Office of the General Counsel,
           GAO, participated in the preparation of the decision.
           DIGEST

           Protest that solicitation for herbicides issued on a brand name only basis is unduly
           restrictive of competition is sustained where the justification the agency put forth for
           the restriction is not supported by the record.
           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. Li 6PS0081, issued by the Department of the Interior,
           Bureau of Land Management (BLM), for herbicides for the Price Field Office in
           Utah. Phoenix contends that the solicitation, which limits the competition to brand
           name items, is unduly restrictive of competition.

           We sustain the protest.

           On July 2, 2016, the agency posted the solicitation on FedConnect as an SDVOSB
           set-aside, and also provided a copy to three SDVOSBs. Contracting Officer's
           Statement (COS) at 2. The solicitation sought the following herbicides, on a brand
           name only basis: 2,4-D Herbicide (Weedar 64-EPA (Environmental Protection

           1 FedConnect is a centralized web portal where vendors seeking to conduct
           business with the federal government can search for contract opportunities and
           submit solicitation responses directly through the FedConnect system. See
           https://www.fedconnect.net/FedConnect/default.htm (last visited on October 6,
           2016).

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