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B-404261,B-404261.2,B-404261.3,B-404261.4 1 (2010-12-17)

handle is hein.gao/gaobadbqe0001 and id is 1 raw text is: G A 0 Comptroller 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: Perini Management Services, Inc. File: B-404261; B-404261.2; B-404261.3; B-404261.4 Date: December 17, 2010 James J. McCullough, Esq., and Brian M. Stanford, Esq., Fried, Frank, Harris, Shriver & Jacobson LLP, for the protester. Jonathan D. Shaffer, Esq., Smith Pachter McWhorter PLC, for the intervenor. Kathleen D. Martin, Esq., and Dennis J. Gallagher, Esq., Department of State, for the agency. Linda C. Glass, Esq., and Sharon L. Larkin, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST In a procurement covered by the Percy Amendment, 22 U.S.C. § 302 (2002), protest of agency's determination that awardee qualified for a 10-percent price preference as an American-owned firm is denied, where the agency reasonably considered the awardee's construction experience performed outside the United States to be similar to the work required under the solicitation. DECISION Perini Management Services, Inc., of Framingham, Massachusetts, protests the award of a contract to Framaco-Epik Joint Venture (FE JV)' of Rye Brook, New York, under request for proposals (RFP) No. SAQMMA-10-R0355, issued by the Department of State (DOS) for the design and construction of a Type 3 Barrack and infrastructure improvements on the new embassy compound in Baghdad, Iraq. Perini contends that the awardee does not qualify as an American-owned firm and was not entitled to a 10-percent price preference. We deny the protest. 1 FE JV is a joint venture composed of Framaco International, Inc. (an American owned company), and Epik Construction Company (a foreign owned company).

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