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 1998 U.S. Comp. Gen. LEXIS 311; 98-2 Comp. Gen. Proc. Dec. P76

Comptroller General of the United States

September 21, 1998

B-280044.2

Opinion

[EDITOR'S NOTE: PAGE NUMBERS APPEARING IN BOLD BRACKETS, [CPD 1], REFLECT THE OFFICIAL PAGINATION OF THE U.S. COMPTROLLER GENERAL PROCUREMENT DECISIONS.]

[CPD 1] HAP Construction, Inc. protests the terms of request for proposals (RFP) No. DACW17-98-R-0008, issued by the Department of the Army, Corps of Engineers, for removing, reducing the volume of, and disposing of debris generated by storms or other natural disasters in the U.S. Virgin Islands (USVI) and Puerto Rico. HAP contends that the RFP fails to conform to the requirements of the Robert T. Stafford Disaster Relief and Emergency Assistance [*2]  Act, 42 U.S.C. § 5150 (1994) (Stafford Act), which calls for a preference for local businesses in awarding certain disaster relief contracts, to the extent feasible and practicable.

We deny the protest.

The RFP, issued on March 31, 1998, contemplated the award of two indefinite-delivery, indefinite-quantity contracts for debris removal and related services, one of which will cover services in Puerto Rico, the other of which will cover the USVI. Award is to be made on the basis of a best value assessment of [CPD 2] technical factors and price which are to be considered equal in weight. RFP § M.2. The technical factors, listed in descending order of importance are:

(1) Management Plan (2) Past Performance (3) Extent of subcontracting with small and small disadvantaged businesses (4) Location of the offeror's primary place of business

RFP § M.3B.

Section M.3B(3)(b) of the RFP specifically states that the contracts will be subject to the Stafford Act, which provides that:

In the expenditure of Federal funds for debris clearance, distribution of supplies, reconstruction, and other major disaster or emergency assistance activities which may be [*3]  carried out by contract or agreement with private organizations, firms, or individuals, preference shall be given, to the extent feasible and practicable, to those organizations, firms, and individuals residing or doing business primarily in the area affected by such major disaster or emergency. This section shall not be considered to restrict the use of Department of Defense resources in the provision of major disaster assistance under this chapter.

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 1998 U.S. Comp. Gen. LEXIS 311 *;  98-2 Comp. Gen. Proc. Dec. P76

Matter of: HAP Construction, Inc.

CORE TERMS

firms, disaster, feasible, procurement, protest, of the Stafford Act, the Stafford Act, acquisition, contracts, open competition, offerors, factors, prices, subcontracting, contractors, terms, place of business, accorded