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B-407964 1 (2013-04-23)

handle is hein.gao/gaobadpqy0001 and id is 1 raw text is: 



   SGAO

~Accountability * Integrity * Reliability
  United States Government Accountability Office
  Washington, DC 20548



          Decision


Matter of:

File:

Date:


Comptroller General
of the United States


KAES Enterprises, LLC

B-407964

April 23, 2013


Christopher Kaes, for the protester.
KalMarie Rawald, Esq., Federal Emergency Management Agency, for the agency.
Noah B. Bleicher, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Protest that solicitation's performance work statement requirements are unduly
restrictive is denied where agency provided a reasonable rationale for the
requirements and the protester has not refuted the agency's explanation.
DECISION

KAES Enterprises, LLC, of Puyallup, Washington, protests the terms of request for
proposals (RFP) No. HSFE70-13-R-0005, issued by the Federal Emergency
Management Agency (FEMA) for generator maintenance services.

We deny the protest.

As part of FEMA's mission, the agency provides large quantities of generators in
response to disasters and other emergencies. These generators power critical
public facilities, such as hospitals, nursing homes, shelters, and water treatment
facilities. Agency Report (AR) at 5. When not being used for emergency response
operations, FEMA stores the fleet of approximately 700 generators at four
distribution centers.1




1 The distribution centers are located in Frederick, Maryland; Atlanta, Georgia; Fort
Worth, Texas; and Moffett, California. RFP, attach. 2, Performance Work
Statement, at § 5.0.

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