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B-418304 1 (2020-03-02)

handle is hein.gao/gaobaeask0001 and id is 1 raw text is: 



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




Decision


Matter of:  Phoenix Environmental Design, Inc.

File:       B-418304

Date:       March 2, 2020

C. Chad Gill for the protester.
Sheryl L. Rakestraw, Esq., Department of the Interior, for the agency.
Jacob M. Talcott, Esq., and Jennifer D. Westfall-McGrail, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST

1. Protest challenging agency's failure to solicit protester is denied where agency's
decision was reasonable.

2. Protest alleging agency improperly awarded purchase order to large business
concern is dismissed where protester fails to show that awardee's quotation, on its face,
demonstrated that awardee was not a small business.
DECISION

Phoenix Environmental Design, Inc., a service-disabled veteran-owned small business
of West Richland, Washington, protests the issuance of purchase order
No. 1 40F01 20P0004, by the Department of the Interior, United States Fish and Wildlife
Service, to Wilbur-Ellis Co., of Twin Falls, Idaho, for the supply of herbicide. The
protester contends that the agency unreasonably excluded it from the competition. The
protester also contends that the agency improperly awarded the purchase order to a
large business despite setting aside the procurement for small businesses.

We deny the protest in part, and dismiss it in part.

BACKGROUND

On October 10, 2019, the Southeast Idaho National Wildlife Refuge Complex (NWRC)
notified the agency's contracting office of an urgent requirement for fifteen gallons of
Esplanade 200SC herbicide or an equivalent product. Contracting Officer's Statement
(COS) at 1-3; Memorandum of Law (MOL) at 1. Award was to be made to the
responsible small business that could provide the requested product on the delivery

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