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B-422122.2 Mar 22, 2024 1 (2024-03-22)

handle is hein.gao/gaoqbw0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Comptroller General Washington, DC 20548 of the United States DOCUMENT FOR PUBLIC RELEASE The decision issued on the date below was subject to Decision a GAO Protective Order. This version has been - - - - - - approved for public release. Matter of: Pernix Federal, LLC File: B-422122.2 Date: March 22, 2024 J. Randolph MacPherson, Esq., Halloran & Sage LLP, for the protester. Kathleen D. Martin, Esq., Department of State, for the agency. Charmaine A. Stevenson, Esq., and John Sorrenti, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency's post-award determination that the protester was ineligible under The Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended (Security Act), and System for Award Management (SAM) registration requirements to submit a proposal for an overseas construction project is sustained where the record shows that the protester's submissions and proposal satisfied the requirements of the prequalification notices and solicitation. DECISION Pernix Federal, LLC (Pernix), of Lombard, Illinois, protests the Department of State's decision to overturn its earlier award of a contract to Pernix under request for proposals (RFP) No. 19AQMM-20-R0047 for a new consulate compound in Adana, Turkey. According to the protester, the agency's determination that Pernix was not eligible to compete for the Adana requirements--a determination the agency made after taking corrective action in response to a protest by another firm challenging an initial award to Pernix--is unreasonable and inconsistent with Pernix's submissions and proposal. The protester further contends that the agency's post-corrective action consideration of Pernix's eligibility is contrary to the terms of the RFP and inconsistent with the agency's past practices. We sustain the protest. BACKGROUND This protest presents issues concerning the requirements of The Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended (Security Act), as implemented in

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