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B-401596,B-401597,B-401598 1 (2009-09-21)

handle is hein.gao/gaobadazi0001 and id is 1 raw text is: G A 0Comptroller 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: Caddell Construction Company, Inc. File: B-401596; B-401597; B-401598 Date: September 21, 2009 James F. Archibald, III, Esq., and Jeffrey A. Peters, Esq., Bradley Arant Boult Cummings LLP, for the protester. Jonathan D. Shaffer, Esq., Mary P. Gregory, Esq., and Andrew J. Foti, Esq., Smith Pachter McWhorter PLC, for Framaco International, Inc, an intervenor. Dennis J. Gallagher, Esq., Department of State, for the agency. Linda C. Glass, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST The Omnibus Diplomatic Security and Antiterrorism Act of 1986, 22 U.S.C. § 4852 (2000), established statutory qualification requirements for construction firms seeking to build a U.S. embassy, including a requirement that an entity seeking contracts for diplomatic construction projects over $10 million must have performed construction services similar in complexity, type of construction, and value to the project being bid. Agency's determination that vendor satisfied this requirement is unreasonable where vendor's projects were not similar in complexity or value. DECISION Caddell Construction Company, Inc, of Montgomery, Alabama, protests the Department of State's (DOS) decision to pre-qualify Framaco International, Inc. of Rye Brook, New York, for requests for proposals (RFP) Nos. SAQMMA-09-R-0066, SAQMMA-09-R-0067 and SAQMMA-09-R-0068, issued by DOS, Overseas Buildings Operations (OBO), to design and construct new compounds at Bujumbura, Burundi; Dakar, Senegal; and Monterrey, Mexico, respectively. The solicitations were subject to the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended, (Security Act), 22 U.S.C. § 4852 (2000), which provides that only United States persons and qualified United States joint venture persons are eligible to compete for certain diplomatic construction projects. Caddell contends that Framaco is not a United States person within the meaning of the Security Act. We sustain the protests.

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