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B-414555.3,B-414555.6 1 (2017-07-17)

handle is hein.gao/gaobadtqi0001 and id is 1 raw text is: 



GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.                                                  Comptroller General
Washington, DC 20548                                            of the United States
                                         .......................................................................................................................
                                            DOCUMENT FOR PUBLIC RELEASE
                                          The decision issued on the date below was subject to
Decision                                  a GAO Protective Order. This redacted version has
                                          been approved for public release.


Matter of:  MLU Services, Inc.

File:     B-414555.3; B-414555.6

Date:       July 17, 2017

Joseph C. Staak, Esq., Smith, Currie & Hancock LLP, for the protester.
M. Warren Butler, Esq., and Scott D. Stevens, Esq., Starnes Davis Florie LLP, and
Brian Chapuran, Esq., and Jon D. Levin, Esq., Maynard, Cooper & Gale, P.C., 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 Secuirty, 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

1. Protest challenging agency's determination under the authority of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5150, regarding
eligibility of firm selected to receive an award is denied where the agency reasonably
concluded that the firm was residing or doing business primarily in the designated
set-aside area.

2. Protest challenging agency's evaluation of awardee's company experience and past
performance is sustained where the agency's evaluation considered experience of a
firm that was not proposed to perform any portion of the work.
DECISION

MLU Services, Inc., a small business located in Athens, Georgia, protests the issuance
of a contract to Timberline Homes of Louisiana, LLC (Timberline LLC), a small business
located in Lafayette, 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 Timberline LLC was not eligible for award
because it does not meet the solicitation's Robert T. Stafford Disaster Relief and
Emergency Assistance Act (the Stafford Act) set-aside requirement. See 42 U.S.C.
§§ 5121-5207. The protester also alleges that the agency's evaluation of Timberline

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