## Facts

- FEMA sought nationwide facility support services for temporary housing units (THUs), including maintenance, transportation, storage, and disposition-related tasks.
- TMI, an existing FEMA contractor, had a blanket purchase agreement under which it had performed nearly identical THU support services.
- FEMA posted a presolicitation notice and later the final RFP on FedBizOpps using product classification code 99 (“Miscellaneous”), while also listing NAICS 561210 (Facilities Support Services).
- TMI asserted it regularly monitored service-related classification codes (e.g., codes associated with facilities and administrative support services) and did not discover the RFP until after the proposal deadline.
- FEMA argued a reasonably prudent contractor would have used keyword searches on FedBizOpps and would have found the opportunity despite the product-code selection.

## Issues

1. Whether posting a facilities-support-services procurement under a “miscellaneous” product classification code, rather than an appropriate services code, failed to use reasonable methods to obtain full and open competition as required by CICA.
2. Whether the misclassification improperly deprived TMI of a fair opportunity to compete, notwithstanding that the posting included an accurate narrative description and a services NAICS code.

## Decision

- The GAO sustained the protest.
- GAO found FEMA’s use of the “miscellaneous” product classification for a facilities support services requirement improperly deprived TMI of an opportunity to respond to the solicitation.
- GAO concluded the misclassification was not consistent with FEMA’s obligation to use reasonable methods to obtain full and open competition.

## Legal Principles

- Under CICA, agencies must use reasonable methods to publicize procurements to obtain full and open competition.
- A material misclassification of a procurement announcement that foreseeably impedes the relevant vendor community’s ability to locate the opportunity can violate the agency’s competition obligations.
- Agencies may not shift to offerors the burden of curing an unreasonable posting/classification method by expecting vendors to rely solely on keyword searches.

## Conclusion

GAO held that FEMA’s decision to list a facilities support services RFP under a “miscellaneous” product classification code unreasonably limited notice to likely competitors and improperly denied TMI a meaningful opportunity to compete, contrary to CICA’s full-and-open competition requirement.


TMI Mgmt. Sys., Inc., B-401530, 2009 WL 3108215 (Comp. Gen. Sept. 28, 2009)