Caddell Construction Company, Inc.
B-401596,B-401597,B-401598: Sep 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, for requests for proposals (RFP) 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" within the meaning of the Security Act.
We sustain the protests.