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B-280044.2 1 (1998-09-21)

handle is hein.gao/gaocrptahul0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: HAP Construction, Inc. File: B-280044.2 Date: September 21, 1998 Johnathan M. Bailey, Esq., Law Offices of Theodore M. Bailey, for the protester. Lloyd D. Pike, Esq., Department of the Army, for the agency. Robert C. Arsenoff, Esq., and Paul I. Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that solicitation terms do not adequately implement statutory requirement to provide preference for local firms, to the extent feasible and practicable, when awarding disaster relief contracts is denied where solicitation does provide for evaluation credit to local firms and the agency process for determining how to provide an appropriate preference is consistent with the statute and implementing regulations and is not otherwise objectionable. DECISION 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 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

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