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B-410761 1 (2015-01-21)

handle is hein.gao/gaobadqxh0001 and id is 1 raw text is: G A 0 Comptroller General ~ty * Integrity * Rellability 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. No party requested redactions; we are therefore releasing the decision in its entirety. Decision Matter of: Nova Constructors, LLC File: B-410761 Date: January 21, 2015 Carol L. O'Riordan, Esq., Pamela J. Bethel, Esq., and Anthony J. Marchese, Esq., O'Riordan Bethel Law Firm LLP; and Kenneth A. Martin, Esq., The Martin Law Firm, for the protester. Michaele J. Mandulak, Esq., Department of the Army, Corps of Engineers, for the agency. Paul N. Wengert, Esq., and Tania Calhoun, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that solicitation requirement that offerors show at least three highly-similar contracts performed in the same country as the place of performance at issue was an unjustifiable restriction on competition is denied where the record shows that the restriction is reasonably necessary to meet the agency's needs. DECISION Nova Constructors, LLC, of Okinawa, Japan, protests the terms of request for proposals (RFP) No. W912HV-14-R-0021, issued by the Department of the Army, Corps of Engineers, Japan Engineer District, for construction services to replace diesel fuel pumps and perform associated work at the Hakozaki fuel terminal, near Yokosuka, Japan. Nova argues that the RFP improperly restricts competition to firms having specific experience in Japan. We deny the protest. BACKGROUND The Corps issued the RFP on October 3, 2014, seeking proposals to replace nine deteriorated diesel fuel pumps at Defense Fuel Supply Point Hakozaki; to dispose of approximately 1,500 liters of oily water and sludge in the existing tanks; and to perform incidental work to upgrade the electrical service, including providing new electrical buildings and new backup generators. Agency Report (AR) at 1; RFP Specifications at § 01 11 00. The specifications also include requirements for the

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