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B-297889 1 (2006-03-20)

handle is hein.gao/gaocrptasob0001 and id is 1 raw text is: A G A O Comptroller General . Accountability * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 Decision Matter of: AshBritt Inc. File: B-297889; B-297889.2 Date: March 20, 2006 William J. Spriggs, Esq., Stephen A. Klein, Esq., and Sharon M. Mills, Esq., Spriggs & Hollingsworth, and David J. Taylor, Esq., Tighe Patton Armstrong Teasdale, for the protester. Shannon M. Elliott, Esq., Lanny R. Robinson, Esq., and Henry H. Black, Esq., U.S. Army Corps of Engineers, for the agency. Ralph 0. White, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protester's contention that an agency improperly included a Mississippi set-aside in a solicitation for cleanup efforts in Mississippi associated with damage resulting from Hurricane Katrina is denied where a provision of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act), 42 U.S.C. § 5150, requires the agency to provide a preference in debris removal contracts to firms residing, or primarily doing business, in the area affected by a major disaster, and a review of the statute and its legislative history does not show that the use of a set- aside to provide that preference, or the decision to provide the preference only to firms residing, or primarily doing business, in Mississippi--to the exclusion of firms located in other states affected by the same natural disaster--was an abuse of the agency's discretion to implement the statute's scheme. 2. Contention that a Justification and Approval (J&A) does not properly support an agency's decision to limit a competition for debris cleanup under the Stafford Act to firms residing, or primarily doing business, in Mississippi is denied where the agency's J&A reasonably explains and justifies the actions taken, and where the record shows that those actions are within the discretion provided by the Stafford Act, even though the protester correctly points out minor errors in the J&A. DECISION AshBritt Inc. protests the terms of solicitation No. W912EE-06-R-0005, issued by the U.S. Army Corps of Engineers for demolition and debris removal from public,

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