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Agency's Stafford Act Interpretation Rejected

Nov.12.2007

In Executive Protective Security Service, Inc. (Oct. 22, 2007, http://www.gao.gov/decisions/bidpro/2999543.pdf), GAO sustained the protest on the basis that FEMA had improperly interpreted the “doing business primarily” eligibility requirement of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. GAO determined that the act’s plain language and legislative history required that a firm must conduct a majority of its business in the designated disaster area to be considered for a Stafford Act award.

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