United States Government Publishing Office publisher pbl distributor dst United States Government Accountability Office author aut Government Organization text government publication eng GAOREPORTS Legislative Agency Publications gao_comptroller_general legislative 2016-06-23 U.S. Government Publishing Office 2006-03-20 monographic deposited born digital 17 p. GA 1.13:B-297889 https://www.govinfo.gov/app/details/GAOREPORTS-B-297889 P0b002ee18fd46179 f:297889 DGPO 2016-06-23 2016-06-23 GAOREPORTS-B-297889 machine generated eng fdlp COMPTROLLERDECISION GAOREPORTS-B-297889 B-297889 Comptroller General Decision

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. sect. 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.<p/> 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. https://www.govinfo.gov/content/pkg/GAOREPORTS-B-297889/html/GAOREPORTS-B-297889.htm https://www.govinfo.gov/content/pkg/GAOREPORTS-B-297889/pdf/GAOREPORTS-B-297889.pdf GAO/B-297889 https://www.govinfo.gov/app/details/GAOREPORTS-B-297889 Comptroller General Decision GAO/B-297889; B-297889; B-297889.2, AshBritt Inc., March 20, 2006; Title 42 Section 5121 Title 42 Section 5170b(b) Title 42 Section 5170c(a) Title 42 Section 5170 Title 42 Section 5173(d) 42 U.S.C. 5121 42 U.S.C. 5170b(b) 42 U.S.C. 5170c(a) 42 U.S.C. 5170 42 U.S.C. 5173(d) Volume 84 Page 1744 84 Stat. 1744 Public Law 91-606