Ranger American of the Virgin Islands, Inc. (70FBR220Q00000014)

B-418539,B-418539.2 Jun 11, 2020 Jump To FULL REPORT VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Ranger American of the Virgin Islands, Inc. (Ranger), of St. Thomas, U.S. Virgin Islands, protests the award of a contract to Falken USVI, LLC (Falken), a small business of St. Thomas, U.S. Virgin Islands, under request for quotations (RFQ) No. 70FBR220Q00000014, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for armed guard services across the U.S. Virgin Islands. Ranger contends that the agency improperly evaluated Falken's quotation regarding its eligibility under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act). See 42 U.S.C. §§ 5121-5207. The protester also contends that the agency engaged in unequal discussions. 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:  Ranger American of the Virgin Islands, Inc. File:  B-418539; B-418539.2 Date:  June 11, 2020 Jonathan D. Shaffer, Esq., Mary Pat Buckenmeyer, Esq., and Todd M. Garland, Esq., Smith Pachter McWhorter PLC, for the protester. Kenneth A. Martin, Esq., The Martin Law Firm, PLLC, for Falken USVI, LLC, the intervenor. Bruce James, Esq., and Matthew Lane, Esq., Department of Homeland Security, for the agency. Lois Hanshaw, Esq., and Evan C. Williams, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s conclusion that the awardee was eligible for award as a business residing or primarily doing business within the designated disaster area, as required by the solicitation, and under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121-5207, is denied where the agency’s determination was reasonable, and the record shows that the vendors were treated in a fair and equitable manner. DECISION   Ranger American of the Virgin Islands, Inc. (Ranger), of St. Thomas, U.S. Virgin Islands, protests the award of a contract to Falken USVI, LLC (Falken), a small business of St. Thomas, U.S. Virgin Islands, under request for quotations (RFQ) No. 70FBR220Q00000014, issued by the Department of Homeland Security, Federal Emergency Management Agency (FEMA), for armed guard services across the U.S. Virgin Islands.  Ranger contends that the agency improperly evaluated Falken’s quotation regarding its eligibility under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act).  See 42 U.S.C. §§ 5121-5207.  The protester also contends that the agency engaged in unequal discussions. 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. §§ 5121-5207.  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 Virgin Islands as a result of the devastating effects from Hurricane Maria.  COS at 1; see Disaster Declaration, 82 Fed. Reg. 46,813-14 (Oct. 6, 2017). On February 5, 2020, FEMA issued the RFQ via the Unison Marketplace website[1] 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. John, and St. Thomas during the disaster and emergency declaration.  Agency Report (AR), Tab F, RFQ at 3; Tab G, Statement of Work (SOW) at 1.  The RFQ was issued as both a Stafford Act set-aside for firms in the disaster-affected areas, and a set-aside for small businesses.  RFQ at 2-3.  The solicitation contemplated the award of a fixed-price contract to the vendor offering the lowest-priced, technically acceptable quotation.  COS at 2; AR, Tab H, Evaluation Criteria at 1.  The RFQ provided for a contract with a period of performance of a base year and four 1-year options.  AR, Tab L, Award Memorandum (Memo) at 1. 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.