; see also Res-Care, Inc. v. United States, 735 F.3d 1384, 1390 (Fed. Cir.) ("DOL [Department of Labor], as a federal procurement entity, has 'broad discretion to determine what particular method of procurement will be in the best interests of the United States in a particular situation.'" (quoting Tyler Constr. Grp. v. United States, 570 F.3d 1329, 1334 (Fed. Cir. 2009))), reh'g en banc denied (Fed. Cir. 2014); Grumman Data Sys. Corp. v. Dalton, 88 F.3d 990, 995 (Fed. Cir. 1996); Geo-Med, LLC v. United States, 126 Fed.Cl. 440, 449 (2016); Cybertech Grp., Inc. v. United States, 48 Fed.Cl. 638, 646 (2001) ("The court recognizes that the agency possesses wide discretion in the application of procurement regulations."); Furthermore, according to the United States Court of Appeals for the Federal Circuit:
Federal agencies conducting procurements have "broad discretion to determine what particular method of procurement will be in the best interests of the United States in a particular situation." Tyler Const. Grp. v. United States, 570 F.3d 1329, 1334 (Fed. Cir. 2009). Agencies determine their own minimum needs for a procurement solicitation.
Id. § 8.404(a). Unless otherwise specified by statute or regulation, an agency has wide discretion to decide the method of contracting to use, including the FSS. Tyler Constr. Grp. v. United States, 570 F.3d 1329, 1334 (Fed.Cir.2009). The FAR specifies as a matter of contracting priority that an agency is encouraged to obtain goods and services from FSS contractors before purchasing from commercial sources, which include privately owned VOSBs and SDVOSBs.
Id. § 8.404(a). Unless otherwise specified by statute or regulation, an agency has wide discretion to decide the method of con- tracting to use, including the FSS. Tyler Constr. Grp. v. United States, 570 F.3d 1329, 1334 (Fed. Cir. 2009). The FAR specifies as a matter of contracting priority that an agency is encouraged to obtain goods and services from FSS contractors before purchasing from commercial sources, which include privately owned VOSBs and SDVOSBs. 48 C.F.R. § 8.004.
DOL, as a federal procurement entity, has “broad discretion to determine what particular method of procurement will be in the best interests of the United States in a particular situation.” Tyler Const. Grp. v. United States, 570 F.3d 1329, 1334 (Fed.Cir.2009). A contracting officer's decision to set aside a contract for small businesses invokes “highly deferential rational basis review.”
; see also Res-Care, Inc. v. United States, 735 F.3d 1384, 1390 (Fed. Cir.) ("DOL [Department of Labor], as a federal procurement entity, has 'broad discretion to determine what particular method of procurement will be in the best interests of the United States in a particular situation.'" (quoting Tyler Constr. Grp. v. United States, 570 F.3d 1329, 1334 (Fed. Cir. 2009))), reh'g en banc denied (Fed. Cir. 2014); Grumman Data Sys. Corp. v. Dalton, 88 F.3d 990, 995 (Fed. Cir. 1996); Geo-Med, LLC v. United States, 126 Fed.Cl. 440, 449 (2016); Cybertech Grp., Inc. v. United States, 48 Fed.Cl. 638, 646 (2001) ("The court recognizes that the agency possesses wide discretion in the application of procurement regulations."); Furthermore, according to the United States Court of Appeals for the Federal Circuit:
Id. at 19 (citation omitted). Declaring that "`competition is the bedrock principle of procurement law,'" id. at 22 (quoting Tyler Constr. Grp. v. United States, 83 Fed. Cl. 94, 99 (2008), aff'd, 570 F.3d 1329 (Fed. Cir. 2009)), defendant argues that GWI's claim that DLA is required to set aside the subject RFQ for small business "is tantamount to requiring a sole source contract without meaningful competition — gaming the system — in clear derogation of Federal law," id. Defendant also disputes GWI's speculation that "as many as ten or more small business firms might compete in the future with offers of Gear Wizzard's shifter forks," noting that, "to date, none of them have done so.
Finally, the court notes that the Air Force's decision to use the FSS for meeting its credit report requirements was not arbitrary or capricious. Federal procurement entities have "broad discretion to determine what particular method of procurement will be in the best interests of the United States in a particular situation." Tyler Constr. Grp. v. United States, 570 F.3d. 1329, 1334 (Fed. Cir. 2009) (holding that the agency had discretion to use contracting method of its choice unless prohibited by statute or regulation and was not required to consider whether small businesses could provide the same or similar product at a fair market price in indefinite delivery/indefinite quantity context). The record demonstrates that the credit reports prepared by Equifax and obtained through the FSS are similar to K-LAK's and were sufficient to meet the Air Force's needs.
Barring arbitrary and capricious behavior or a violation of law, the wide discretion afforded contracting officers extends to a broad range of procurement functions, including the determination of what constitutes an advantage over other proposals. See Tyler Const. Group v. United States, 570 F.3d 1329, 1334 (Fed. Cir. 2009) (Federal procurement entities have "broad discretion to determine what particular method of procurement will be in the best interests of the United States in a particular situation."); see also CHE Consulting, Inc. v. United States, 552 F.3d at 1354; Textron, Inc. v. United States, 74 Fed. Cl. at 286 (in which the court considered technical ranking decisions "minutiae of the procurement process" not to be second guessed by a court) (quoting E.W. Bliss Co. v. United States, 77 F.3d at 449). The question is not whether the court would reach the same conclusions as the agency regarding the comparison of proposals, but, rather, whether the conclusions reached by the agency lacked a reasonable basis and, therefore, were arbitrary or capricious, in which case, courts have a role to review and instruct.
Indeed, multiple bid protest decisions, by both the United States Court of Appeals for the Federal Circuit and the United States Court of Federal Claims have referenced a performance work statement or a statement of work as part of the solicitation. See Tyler Constr. Group v. United States, 570 F.3d 1329, 1331 (Fed. Cir. 2009) ("The solicitation described in general terms the facilities to be constructed under the initial task order. It included a 252-page statement of work outlining in detail the other types of facilities to be built. `The statement of work does not indicate where these facilities are to be built; it does, however, inform offerors that the facilities will be required primarily at Fort Benning, Georgia.'");Kerr Contractors, Inc. v. United States, 89 Fed. Cl. 312, 322 (2009) (the court referenced the estimated maximum work depth in the solicitation's statement of work);Blackwater Lodge Training Ctr., Inc. v. United States, 86 Fed. Cl. at 493 ("Under the `Training Requirements' section of the Statement of Work (`SOW'), the Solicitation described the MAA Class "A" School training program's purpose. . . ."); Erinys Iraq Ltd. v. United States, 78 Fed. Cl. 518, 530 (2007) ("The details of the contract requirements for each CLIN are explored in considerable detail in the Performance Work Statemen