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B-401281 1 (2009-06-23)

handle is hein.gao/gaobadaww0001 and id is 1 raw text is: AlL A , GA O Comptroller General Accuntabiity * Integrity * Reliability of the United States United States Government Accountability Office Washington, DC 20548 D .. Decision Matter of: Caddell Construction Company, Inc. File: B-401281 Date: June 23, 2009 James F. Archibald III, Esq., Bradley Arant Boult Cummings LLP, for the protester. John S. Pachter, Esq., Jonathan D. Shaffer, Esq., and Mary Pat Gregory, Esq., Smith Pachter McWhorter PLC, for Framaco International Inc., the intervenor. Dennis J. Gallagher, Esq., Department of State, for the agency. Peter D. Verchinski, Esq., and Guy R. Pietrovito, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Post-award protest challenging awardee's eligibility for award as a United States person is untimely, where, before the submission of proposals, the agency prequalified firms as United States persons and posted a list of prequalified firms on FedBizOpps and where the protester knew, prior to the submission of proposals, the basis of its allegations that the awardee did not satisfy the requirement to be a United States person. DECISION Caddell Construction Company, Inc. of Montgomery, Alabama, protests the award of a contract to Framaco International Inc. under request for proposals (RFP) No. SAQMMA-08-R0079, issued by the Department of State, Overseas Buildings Operations, to design and construct a new embassy complex in Belgrade, Serbia. Caddell asserts that the award is improper because Framaco fails to satisfy the requirement that the firm be a United States person. We dismiss the protest as untimely. On November 7, 2007 the agency published a notice, inviting firms to provide prequalification submissions for the design and construction of Standard Embassy Design projects in various locations, including Belgrade. In accordance with the Omnibus Diplomatic Security and Antiterrorism Act of 1986, 22 U.S.C. § 4852, the procurement was limited to United States persons. Potential offerors were informed that the procurement would be conducted in two phases. First, firms

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