About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-411005.1,B-411005.2 1 (2015-04-20)

handle is hein.gao/gaobadrcb0001 and id is 1 raw text is: 



           G    A    O                                                   Comptroller General
. inm lum 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.
           D e c i s i o n                           L .-- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . ..


           Matter of:  Caddell Construction Company, Inc.

           File:       B-411005.1, B-411005.2

           Date:       April 20, 2015

           Dirk D. Haire, Esq., and Alexa Santora, Esq., Fox Rothschild LLP, for the protester.
           J. Randolph MacPherson, Esq., Halloran & Sage LLP, for Pernix Group, Inc.; and
           Jonathan Shaffer, Esq., and Mary Pat Buckenmeyer, Esq., Smith Pachter
           McWhorter PLC, for Framaco International, Inc., the intervenors.
           John W. Cox, Esq., Department of State, for the agency.
           Stephanie B. Magnell, Esq., and Jonathan L. Kang, Esq., Office of the General
           Counsel, GAO, participated in the preparation of the decision.
           DIGEST

           1. For purposes of future protests challenging the prequalification of potential
           offerors for overseas embassy construction projects under the Omnibus Diplomatic
           Security and Antiterrorism Act of 1986, as amended (Security Act), our Office is
           revising the timeliness rule set forth in Caddell Constr. Co., Inc., B-401281, June 23,
           2009, 2009 CPD T 130. Although the instant protests are deemed timely, all
           subsequent protests of prequalification decisions in a two-phase solicitation under
           the Security Act must be filed within 10 days of when the protester knows or should
           have known of the basis for the challenge.

           2. Protests are sustained where the agency's determination that prequalification
           applicants have met the requirements of the Security Act is unreasonable and not
           supported by the record.
           DECISION

           Caddell Construction Company, Inc., of Montgomery, Alabama, protests the
           decision by the Department of State (DOS), Bureau of Overseas Building
           Operations, to prequalify Framaco International, Inc., of Rye Brook, New York, and
           Pernix Group, Inc., of Lombard, Illinois, as United States person[s], as that term is
           defined in the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as
           amended, Pub. L. 99-399 (Security Act), codified at 22 U.S.C. § 4852, under
           solicitation No. SAQMMA-14-R-0073 (RFP), issued for the construction of a U.S.
           embassy complex in Maputo, Mozambique.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most