The agency subsequently determined that AlliedBarton was neither
residing nor primarily doing business in Louisiana. AR, Tab 9,
Consensus Report, at 10. As expressed in a statement filed with
FEMA’s report to our Office, the contracting officer considered
relevant that AlliedBarton was incorporated in Delaware, had its
corporate headquarters in Pennsylvania, and identified
Arlington, Virginia as the location of its primary point of
contact for government business. Contracting Officer’s
Statement, July 17, 2007, at 1. The contracting officer also
stated as follows:
I balanced the factors in Federal
Acquisition Regulation 52.226-3 to determine whether the company
resides in or primarily does business in Louisiana. Favoring a
decision that the company resides in or primarily does business
in Louisiana is the fact that it has been working in Louisiana
for 20 years and has had a Louisiana office since November 2002,
before Hurricane Katrina struck. On the other hand, its teaming
agreement with a local company did not provide sufficient
assurance that the local company would provide 50% of the cost
of the guard workforce. Furthermore, AlliedBarton indicated that
its local office employs 200 individuals, but it did not state
anywhere that the individuals employed at the local office are
themselves local. Finally, AlliedBarton’s 2006 Louisiana gross
revenues account for only about one percent of its total gross
revenues.
Id. at 1-2. The contracting
officer concluded that, in her opinion, AlliedBarton had not
satisfied the burden of demonstrating that it either resided or
did business primarily in Louisiana. Id. at 2.
We find that FEMA’s determination regarding AlliedBarton’s
Stafford Act eligibility was a reasonable one. As set forth
above, the contracting officer properly considered where the
vendor was incorporated, where it had its corporate
headquarters, and the location of the company’s government
business primary point of contact, all of which were outside
Louisiana. The contracting officer also considered information
contained within the vendor’s quotation favoring a decision that
the company resided in Louisiana, as well as information to the
contrary. The contracting officer then balanced the factors set
forth in FAR clause 52.226-3 and concluded that AlliedBarton had
not satisfied the burden of demonstrating that it either resided
or did business primarily in Louisiana. Once an agency has given
meaningful consideration to all relevant information, a protest
challenging an agency’s evaluation of such information will not
be sustained unless the agency’s judgments were unreasonable or
contrary to the stated evaluation criteria. See Kay & Assocs.,
Inc., B-291269, Dec. 11, 2002, 2003 CPD para. 12 at 4; see also
Alion Sci. & Tech. Corp., B-297022.4, B-297022.5, Sept. 26,
2006, 2006 CPD para. 146 at 8. We find the protester’s challenge
to the agency’s evaluation here amounts to mere disagreement
with the agency’s judgment and thus does not establish that the
evaluation was unreasonable. JAVIS Automation & Eng’g, Inc.,
B-293235.6, Apr. 29, 2004, 2004 CPD para. 95 at 5. AlliedBarton
also asserts that the agency’s Stafford Act determination was
improper because the agency believed that a business concern
could not reside in multiple places simultaneously. The
protester essentially argues that the contracting officer
focused too heavily, if not exclusively, on AlliedBarton’s state
of incorporation. While the protester does not dispute that it
is incorporated in Delaware and headquartered in Pennsylvania,
it argues that if, under the Stafford Act, “residing” was to
mean only where a company was incorporated or had its principal
place of business, then Congress, or the FAR, would have
reflected that view. Comments, Aug. 8, 2007, attach. 1, Comments
in GAO Protest B-299978, at 10-11. The protester’s argument is
not supported by the record. The record indicates that the
agency did not interpret the term “residing” to mean only where
a firm was incorporated or headquartered; rather, the
contracting officer reasonably considered all relevant
information, including, but not limited to, where AlliedBarton
was incorporated and headquartered as part of her determination.
(AlliedBarton Security Services LLC,
B-299929; B-299929.3; B-299929.5, October 9, 2007) (pdf) |