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Bid Protest Ruling: Caddell Construction Company, Inc.


B-401596 September 21, 2009

Caddell Construction Company, Inc, of Montgomery, Alabama, protests the Department of State's (DOS) decision to pre-qualify Framaco International, Inc. of Rye Brook, New York Rye Brook is a village in Westchester County, New York, United States. The population was 8,602 according to the 2000 census.

The Village of Rye Brook was established in 1982 and is in the Town of Rye.
, for requests for proposals (RFP (Request For Proposal) A document that invites a vendor to submit a bid for hardware, software and/or services. It may provide a general or very detailed specification of the system.

1. (business) RFP - Request for Proposal.
2.
) Nos. SAQMMA-09-R-0066, SAQMMA-09-R-0067 and SAQMMA-09-R-0068, issued by DOS, Overseas Buildings Operations (OBO), to design and construct new compounds at Bujumbura, Burundi; Dakar, Senegal; and Monterrey, Mexico, respectively. The solicitations were 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 Framaco is not a "United States person The term United States person or U.S. person is used in the context of data collection and intelligence by the United States, particularly with respect to the provisions of the Foreign Intelligence Surveillance Act. If information from, about, or to a U.S. " within the meaning of the Security Act.

We sustain the protests.

Categories: Bid Protest, Bidder eligibility, Burundi, Construction contracts, Dakar (Senegal), Eligibility criteria, Eligibility determinations, Embassies, GSA Federal Business Opportunities Web Site, Mexico, Protests, Qualified bidders list, Requirements definition, Solicitations
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Publication:General Accounting Office Reports & Testimony
Date:Oct 1, 2009
Words:157
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