Stone Hill Park, LLC
Case: B-414555.2
Agency: Department of Homeland Security : Directorate of Emergency Preparedness and Response : Federal Emergency Management Agency
Protester: Stone Hill Park, LLC
Date: 2017-07-18
Denied
B-414555.2
Jul 11, 2017
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Highlights
American Native Veterans of Louisiana (ANVL), a service-disabled veteran-owned business located in Covington, Louisiana, protests the award of contracts to Timberline Homes of Louisiana, a small business located in Lafayette, Louisiana, and Andries and Associates, a small business located in Carencro, Louisiana, by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), pursuant to request for proposals (RFP) No. HSFE06-17-R-0003 for the maintenance and deactivation of manufactured housing units (MHUs). The protester alleges that the agency failed to reasonably evaluate ANVL's proposal, improperly amended the solicitation after the closing date for submission of proposals, and failed to provide a proper and fair debriefing.
We deny the protest.
We deny the protest.
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Decision
Matter of: American Native Veterans of Louisiana
File: B-414555.2
Date: July 11, 2017
Michael Wisner, American Native Veterans of Louisiana, for the protester.
M. Warren Butler, Esq., and Scott D. Stevens, Esq., Starnes Davis Florie LLP, for Timberline Homes of Louisiana, LLC, an intervenor; and, John T. Andrishok, Esq., Breazeale, Sachse and Wilson, LLP, for Andries and Associates, LLC, an intervenor.
Nathaniel Greeson, Esq., and Erin Greten, Esq., Department of Homeland Security, for the agency.
Nora K. Adkins, 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 evaluated the protester's proposal as unacceptable is denied where the record shows that the agency's evaluation was reasonable and in accordance with the solicitation requirements.
DECISION
American Native Veterans of Louisiana (ANVL), a service-disabled veteran-owned business located in Covington, Louisiana, protests the award of contracts to Timberline Homes of Louisiana, a small business located in Lafayette, Louisiana, and Andries and Associates, a small business located in Carencro, Louisiana, by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), pursuant to request for proposals (RFP) No. HSFE06-17-R-0003 for the maintenance and deactivation of manufactured housing units (MHUs). The protester alleges that the agency failed to reasonably evaluate ANVL's proposal, improperly amended the solicitation after the closing date for submission of proposals, and failed to provide a proper and fair debriefing.
We deny the protest.
BACKGROUND
FEMA is authorized to provide disaster assistance to individuals and households for emergencies, major disasters, and incidents of national significance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), 42 U.S.C. § 5121 et seq. RFP at 18. On August 11, 2016, a major disaster was declared due to storms and floods in Louisiana, which designated individual assistance for the following disaster-affected parishes: East Baton Rouge, Livingston, St. Helena, Tangipahoa, Arcadia, Ascension, East Feliciana, Iberia, Lafayette, Point Coupee, St. Landry, Vermilion, Avoyelles, Evangeline, Iberville, Jefferson Davis, St. Martin, St. Tammany, Washington, West Feliciana, St. James, West Baton Rouge, Assumption, Cameron, St. Charles, and John the Baptist.[1] Id. at 18, 41; Agency Report (AR), Tab H, Source Selection Decision (SSD) at 1. Due to the lack of housing resources as a result of the floods, FEMA implemented direct housing assistance in response to a request from the State of Louisiana for all affected parishes. AR, Tab H, SSD, at 1. FEMA issued a task order to Chicago Bridge & Iron (CB&I) Federal Services under the agency's pre-positioned contracts to provide for the haul/install and maintenance/deactivation for approximately 4,000 MHUs to temporarily house families affected by the flood. Id.
The agency issued the current solicitation for the maintenance and deactivation portion of the task order to transition to contracts for local businesses residing or primarily doing business in the disaster-affected areas in accordance with the Stafford Act. Id. FEMA issued a combined synopsis/solicitation on November 29, 2016, as a commercial item solicitation under the procedures in Federal Acquisition Regulation (FAR) parts 12 and 15, seeking proposals to provide the MHU maintenance and deactivation services. RFP at 19. The RFP was issued as both a Stafford Act set-aside for firms in the disaster-affected parishes, and a set-aside for small businesses. RFP at 9, 11. The solicitation contemplated the award of two fixed-price contracts, and provided that the awards would be made on a best-value basis based on the agency's evaluation of the following four factors: technical approach (phase-in and quality control plan), past performance, company experience, and price. Id.
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