About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-298949.2 1 (2007-06-15)

handle is hein.gao/gaocrptauce0001 and id is 1 raw text is: A G A O 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: Caddell Construction Company, Inc. File: B-298949.2 Date: June 15, 2007 James F. Archibald, III, Esq., Bradley Arant Rose & White LLP, for the protester. Scott M. Heimberg, Esq., Mark J. Groff, Esq., Andrea T. Vavonese, Esq., and Lauren R. Bates, Esq., Akin Gump Strauss Hauer & Feld LLP, for American International Contractors (Special Projects), Inc., an intervenor. Dennis J. Gallagher, Esq., Department of State, for the agency. Linda C. Glass, Esq., Glenn G. Wolcott, Esq., and Ralph 0. White, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST The Omnibus Diplomatic Security and Antiterrorism Act of 1986, 22 U.S.C. § 4852 (2000), established statutory qualification requirements for construction firms seeking to build a U.S. embassy, including a requirement that contractors must have achieved a total business volume equal to or greater than the value of the project being bid in 3 years of the 5-year period before the solicitation issuance date. Where the agency's determination that an awardee has met this requirement is inconsistent with the ordinary meaning of the words of the statute, has the effect of reading out portions of the statute, and is inconsistent with the statute's legislative history, the awardee is not eligible for award, and the protest is sustained. DECISION Caddell Construction Company, Inc. protests the Department of State's (DOS) decision to reaffirm its earlier award of a contract to American International Contractors (Special Projects), Inc. (AICI-SP), after a review of AICI-SP's eligibility to perform this work, conducted in response to our decision in Caddell Constr. Co., Inc., B-298949, Jan. 10, 2007, 2007 CPD 24. In that decision, we sustained Caddell's protest of an award to AICI-SP under request for proposals (RFP) No. SALMEC-06-R- 0009, issued by DOS's Overseas Buildings Operations division, for the design and construction of a new U.S. embassy compound in Djibouti, in eastern Africa. The solicitation was subject to the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended, (hereinafter, the Diplomatic Security Act), 22 U.S.C. § 4852 (2000), which provides that only United States persons and qualified United States

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:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most