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B-251398.2 1 (1996-01-26)

handle is hein.gao/gaocrptados0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Wackenhut International, Inc./Instituto di Viglanza Citta' di Roma S.r.1 (Mettronotte)--a joint venture File: B-251398.2 Date: January 26, 1996 Richard J. Webber, Esq., and Tenley A. Carp., Esq., Arent Fox, for the protester. William J. Guidice, for United Mondialpol International S.r.l., a subsidiary of United International Investigative Services, an interested party. Kathleen D. Martin, Esq., Department of State, for the agency. Mary G. Curcio, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Firm that submitted a proposal in response to solicitation to provide security services for United States Embassy in Italy was ineligible for award of 5-point preference reserved for United States persons or qualified joint venture persons, under section 136 of the Foreign Relations Authorization Act for Fiscal Years 1991 and 1992, where the firm is incorporated in Italy, the Italian and American owners of the corporation are not jointly and severally liable for contract performance. DECISION Wackenhut International Inc./Instituto di Viglanza Citta' di Roma S.r.l. (Mettronotte)- -a joint venture protests the award of a contract to United Mondialpol International S.r.l. (UMI) under solicitation No. 11/92, issued by the U.S. Embassy, Rome, Italy, for security guard services. The protester asserts that the award to UMI was improper because UMI improperly was determined eligible for a 5-point evaluation preference reserved for United States persons and qualified joint venture persons. We sustain the protest. The solicitation provided that technical factors were worth 60 points, price was worth 40 points, and that 5 points were to be awarded to firms that qualified as United States offerors. During the course of the procurement, the agency issued 13 amendments, held three rounds of discussions, and requested and received 3 best and final offers (BAFO). Following the final evaluation, UMI's BAFO with 104.93 points and Wackenhut/Instituto's with 104.42 points were the highest-rated proposals. Both offerors' proposals were awarded the 5-point United States offeror preference. The agency awarded the contract to UMI based on its high score. 840123

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