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B-294388 1 (2004-10-21)

handle is hein.gao/gaocrptapol0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States Government Accountability Office Washington, DC 20548 Decision Matter of: United Seguranqa, Ltda. File: B-294388 Date: October 21, 2004 Dr. Rafael Lycurgo Leite for the protester. David B. Dempsey, Esq., Kristen E. Ittig, Esq., and Anand V. Ramana, Esq., Holland & Knight, for Wackenhut International, Inc., an intervenor. Dennis J. Gallagher, Esq., Department of State, for the agency. Jonathan L. Kang, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest that agency improperly awarded a contract to a joint venture that protester alleges may not be allowed to perform the contract under Brazilian law is denied where local licenses were not required prior to award and thus the question of the awardee's ability to perform the contract concerns the awardee's responsibility. The Government Accountability Office does not review an agency's affirmative determination of responsibility absent the applicability of exceptions not alleged here. 2. Protest that agency failed to allow proposal revisions based on changes to the incumbent contract is denied where the agency did not incorporate those changes into the current solicitation. DECISION United Seguranqa, Ltda. (USL), protests the award of a contract under request for proposals (RFP) No. S-BT250-02-R-0008, issued by the Department of State to a joint venture of Wackenhut International, Inc. and Graber Sistemas de Seguranqa (WII-Graber) for security services at United States (U.S.) Embassy buildings in Brazil. USL challenges the agency's award to WII-Graber on grounds that the awardee is prohibited under Brazilian law from performing the contract and that the agency improperly declined to allow offerors to submit revised proposals in response to a change in the incumbent contract's staffing levels. We deny the protest.

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