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

B-298949 1 (2007-01-10)

handle is hein.gao/gaocrptaucf0001 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 Date: January 10, 2007 James F. Archibald, III, Esq., Bradley Arant Rose & White LLP, for the protester. Scott M. Heimberg, Esq., Mark J. Groff, Esq., and Andrea T. Vavonese, 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., and Glenn G. Wolcott, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest that Department of State improperly made award to a company that is not a United States person as required by the Omnibus Diplomatic Security and Antiterrorism Act of 1986, 22 U.S.C. § 4852 (2000), is sustained where record shows that agency improperly prequalified the awardee as a United States person based on the awardee having a de facto joint venture relationship with its parent company, when the awardee specifically certified that it was neither a formal nor a de facto joint venture. DECISION Caddell Construction Company, Inc. protests the award of a contract to American International Contractors (Special Projects), Inc. (AICI-SP) under request for proposals No. SALMEC-06-R-0009, issued by the Department of State (DOS), Overseas Buildings Operations (OBO), to design and construct a new embassy compound in Djibouti, in eastern Africa. The solicitation was subject to the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended, (Security Act), 22 U.S.C. § 4852 (2000), which provides that only United States persons and qualified United States joint venture persons are eligible to compete for certain diplomatic construction projects.' Caddell contends that the agency unreasonably 1 Specifically, the Security Act provides: where adequate competition exists, only United States persons and qualified United States joint venture persons may... bid (continued...)

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