Falken USVI, LLC

B-416581.2 Jan 02, 2019 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Falken USVI, LLC, a small business located in St. Thomas, U.S. Virgin Islands, protests the issuance of a purchase order to Ranger American of the VI Inc., a small business located in St. Thomas, U.S. Virgin Islands, by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), pursuant to request for quotations (RFQ) No. 70FBR218Q00000999_01 for security guard services at various U.S. Virgin Island locations. The protester alleges that the agency failed to reasonably evaluate Falken's and Ranger's quotations regarding Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) eligibility. See 42 U.S.C. §§ 5121 et. seq. The protester also alleges that the agency's Stafford Act eligibility evaluation did not treat vendors equally. We deny the protest. We deny the protest. View Decision 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: Falken USVI, LLC File: B-416581.2 Date: January 2, 2019 Kenneth A. Martin, Esq., The Martin Law Firm, PLLC, for the protester. Jonathan D. Shaffer, Esq., John S. Pachter, Esq., Mary Pat Buckenmeyer, Esq., and Julia S. Shagovac, Esq., Smith Pachter McWhorter PLC, for Ranger American of the VI Inc., the intervenor. Hillary J. Freund, Esq. and Rina Martinez, 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 challenging agency's evaluation under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121 et. seq. is denied where the agency's evaluation was reasonable, and treated the vendors equally. DECISION Falken USVI, LLC, a small business located in St. Thomas, U.S. Virgin Islands, protests the issuance of a purchase order to Ranger American of the VI Inc., a small business located in St. Thomas, U.S. Virgin Islands, by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), pursuant to request for quotations (RFQ) No. 70FBR218Q00000999_01 for security guard services at various U.S. Virgin Island locations. The protester alleges that the agency failed to reasonably evaluate Falken's and Ranger's quotations regarding Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) eligibility. See 42 U.S.C. §§ 5121 et. seq. The protester also alleges that the agency's Stafford Act eligibility evaluation did not treat vendors equally. 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 Stafford Act. Contracting Officer's Statement (COS) at 1; 42 U.S.C. §§ 5121 et. seq. On September 20, 2017, the President of the United States issued a major disaster declaration under the authority of the Stafford Act for the territory of the U.S. Virgin Islands as a result of the devastating effects from Hurricane Maria. COS at 1; see Disaster Declaration, 82 FR 46813-14 (Oct. 6, 2017). On May 22, 2018, FEMA issued the RFQ via the FedBid website1 pursuant to the commercial item and simplified acquisition procedures of Federal Acquisition Regulation (FAR) parts 12 and 13. COS at 2. The RFQ sought armed guard services to safeguard federal employees, visitors, and property at both temporary and fixed facilities in St. Croix, St. Thomas, and St. John, during the disaster and emergency declaration. RFQ at 35. The solicitation was set aside for local small businesses residing or primarily doing business in the disaster-affected areas pursuant to the Stafford Act. Id. at 3-4, 6. The solicitation contemplated the award of a fixed-price purchase order to the vendor offering the lowest-priced, technically acceptable quotation. Id. at 4. The RFQ provided for a 2-month base period with three 2-month option periods. Id. With respect to the Stafford Act set-aside, the RFQ provided as follows: "[t]he area covered in this contract is: The Territory of the United States Virgin Islands Disaster Declaration (DR 4340) which includes the islands of St. Croix, St. John and St. Thomas." Id. The RFQ required each vendor to represent that it does, or does not, reside or primarily do business in the designated set-aside area pursuant to FAR provision 52.226-3--Disaster or Emergency Area Representation. Id.