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B-413833 1 (2017-01-05)

handle is hein.gao/gaobadsyc0001 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: Phoenix Environmental Design, Inc. File: B-413833 Date: January 5, 2017 C. Chad Gill, Phoenix Environmental Design, Inc., for the protester. William Wallace, Walking Point Farms, LLC, the intervenor. Brian A. Quint, Esq., Department of the Interior, for the agency. Katherine I. Riback, Esq., and Amy B. Pereira, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that the agency improperly issued an out-of-scope, sole-source award under a previously awarded Federal Supply Schedule contract is denied where the record shows that the agency complied with applicable regulations and that all of the products purchased by the agency were listed on the vendor's schedule contract. DECISION Phoenix Environmental Design, Inc., of Newman Lake, Washington, a service- disabled veteran-owned small business (SDVOSB), protests the award of a contract to Walking Point Farms, LLC, of Tigard, Oregon, by the Department of the Interior under request for quotations (RFQ) No. 1142365 for herbicides and surfactants for the Willapa and the Julia Butler Hansen National Wildlife Refuges, in Washington State. The protester objects to the use of Federal Supply Schedule (FSS) procedures, arguing that the agency failed to conduct market research as required by Federal Acquisition Regulation (FAR) part 8 and further argues that the products that the agency purchased as a result of this solicitation were not on the vendor's FSS contract. We deny the protest. On July 7, 2016, the technical coordinators at the Willapa National Wildlife Refuge prepared a statement of need for herbicides and surfactants for the treatment of invasive plants on the refuge with scheduled treatments to be conducted in the fall of 2016. Agency Report (AR), Tab 3, Statement of Need (July 7, 2016). A purchase request was initiated in July 2016. AR, Tab 4, Requisition; Contracting

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