B-299978; B-299978.3; B-299978.4, AlliedBarton Security Services LLC, October 9, 2007

B-299978; B-299978.3; B-299978.4, AlliedBarton Security Services LLC, October 9, 2007 TITLE: B-299978; B-299978.3; B-299978.4, AlliedBarton Security Services LLC, October 9, 2007 BNUMBER: B-299978; B-299978.3; B-299978.4 DATE: October 9, 2007 ************************************************************************************* B-299978; B-299978.3; B-299978.4, AlliedBarton Security Services LLC, October 9, 2007 DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: AlliedBarton Security Services LLC File: B-299978; B-299978.3; B-299978.4 Date: October 9, 2007 Daniel B. Abrahams, Esq., and Michael D. Maloney, Esq., Epstein, Becker & Green, P.C.; and W. Jay DeVecchio, Esq., David A. Churchill, Esq., Kevin C. Dwyer, Esq., and Daniel E. Chudd, Esq., Jenner & Block LLP, for the protester. Wendy S. Tien, Esq., Shapiro Sher Guinot & Sandler, for Knight Protective Services, Inc., an intervenor. Audrey H. Liebross, Esq., Federal Emergency Management Agency, for the agency. Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging agency's eligibility determination under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. sect. 5150, is denied where the agency reasonably concluded that the protester was not a firm residing or doing business primarily in the designated set-aside location. 2. Protester is not an interested party for purposes of challenging the successful vendor's eligibility for receipt of a task order where the record shows that, even if the protest were sustained on this ground, an intervening vendor would be next in line for selection. DECISION AlliedBarton Security Services LLC protests the issuance of a task order to Knight Protective Services, Inc. pursuant to request for quotations (RFQ) No. HSFEHQ-07-Q-0053, issued by the Federal Emergency Management Agency (FEMA), Department of Homeland Security, for armed guard services for FEMA housing sites in the Baton Rouge, Louisiana area. AlliedBarton argues that the agency's determination, pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, 42 U.S.C. sect. 5121 et seq. (2000) (the Stafford Act), that it was not a firm residing or primarily doing business in the state of Louisiana, and therefore was ineligible for receipt of a task order under the RFQ, was unreasonable. The protester also claims that FEMA's Stafford Act determination regarding Knight was improper. We deny the protest. BACKGROUND The RFQ, issued on April 12, 2007, to holders of General Services Administration (GSA) Federal Supply Schedule (FSS) contracts for guard services, contemplated the issuance of a time-and-materials type task order with fixed unit prices and quantities specified by the agency for a base period of 2 months together with ten 6-month options. The solicitation included a statement of work (SOW), instructions to vendors on the submission of quotations, and evaluation factors for award. The RFQ established four technical evaluation factors, in descending order of importance--technical approach, management plan, personnel, and past performance--as well as price. The technical factors, when combined, were significantly more important than price. The agency would select the vendor whose quotation represented the overall best value to the agency, all factors considered. RFQ amend. 3, Instructions to Vendors, at 11-13. Additionally, under the authority of the Stafford Act, the RFQ set aside the procurement for firms residing or doing business primarily in the state of Louisiana. Id. at 1-2. Eight vendors, including AlliedBarton and Knight, submitted quotations by the May 17 closing date. The agency then conducted technical, price, and Stafford Act eligibility evaluations of vendors' quotations.