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B-299978 1 (2007-10-09)

handle is hein.gao/gaocrptauhn0001 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      DOCUMENT FOR PUBLIC RELEASE
Washington, DC 20548                                  The decision issued on the date below was subject to a
                                                      GAO Protective Order. This redacted version has been
                                                      approved for public release.

          Decision


          Matter of: AlliedBarton Security Services LLC

          File:        B-299978; B-299978.3; B-299978.4

          Date:        October 9, 2007

          Daniel B. Abrahams, Esq., and Michael D. Maloney, Esq., Epstein, Becker & Green,
          P.C.; and W. Jay DeVecchio, Esq., David A. Churchill, Esq., Kevin C. Dwyer, Esq., and
          Daniel E. Chudd, Esq., Jenner & Block LLP, for the protester.
          Wendy S. Tien, Esq., Shapiro Sher Guinot & Sandler, for Knight Protective Services,
          Inc., an intervenor.
          Audrey H. Liebross, Esq., Federal Emergency Management Agency, for the agency.
          Louis A. Chiarella, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
          GAO, participated in the preparation of the decision.
          DIGEST

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

          2. Protester is not an interested party for purposes of challenging the successful
          vendor's eligibility for receipt of a task order where the record shows that, even if
          the protest were sustained on this ground, an intervening vendor would be next in
          line for selection.
          DECISION

          AlliedBarton Security Services LLC protests the issuance of a task order to Knight
          Protective Services, Inc. pursuant to request for quotations (RFQ) No. HSFEHQ-07-
          Q-0053, issued by the Federal Emergency Management Agency (FEMA), Department
          of Homeland Security, for armed guard services for FEMA housing sites in the Baton
          Rouge, Louisiana area. AlliedBarton argues that the agency's determination,
          pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as
          amended, 42 U.S.C. § 5121 et seg. (2000) (the Stafford Act), that it was not a firm
          residing or primarily doing business in the state of Louisiana, and therefore was
          ineligible for receipt of a task order under the RFQ, was unreasonable. The protester
          also claims that FEMA's Stafford Act determination regarding Knight was improper.

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