CCE Specialties, LLC

B-413998 Jan 18, 2017 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights CCE Specialties, LLC (CCE), of King George, Virginia, challenges the award of a contract to Olgoonik Diversified Services, LLC (ODS), of Anchorage, Alaska, under request for proposals (RFP) No. RFP-SAQMMA-16-R-0261, issued by the Department of State for construction services relating to security upgrades for the U.S. Embassy compound in Baghdad, Iraq. The protester challenges the agency's decision to prequalify ODS to participate in the procurement. We deny the protest. We deny the protest. View Decision DOCUMENT FOR PUBLIC RELEASE 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:  CCE Specialties, LLC File:  B-413998 Date:  January 18, 2017 Thomas M. Brownell, Esq., and Gregory R. Hallmark, Esq., Holland & Knight LLP, for the protester. William K. Walker, Esq., Walker Reausaw, for Olgoonik Diversified Services, LLC, an intervenor.  John W. Cox, Esq., Department of State, for the agency. Young H. Cho, Esq., and Christina Sklarew, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protest challenging agency’s prequalification of the awardee for overseas embassy construction projects under the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended (Security Act), is denied where the record shows that the awardee’s submissions satisfied the requirements of the prequalification notice.  DECISION CCE Specialties, LLC (CCE), of King George, Virginia, challenges the award of a contract to Olgoonik Diversified Services, LLC (ODS), of Anchorage, Alaska, under request for proposals (RFP) No. RFP-SAQMMA-16-R-0261, issued by the Department of State for construction services relating to security upgrades for the U.S. Embassy compound in Baghdad, Iraq.  The protester challenges the agency’s decision to prequalify ODS to participate in the procurement.  We deny the protest.  BACKGROUND On March 22, 2016, the agency issued a notice soliciting prequalification submissions from contractors for design-build construction services for the Baghdad embassy compound security upgrades project in Baghdad, Iraq.  See Agency Report (AR), Tab 1, Prequalification Notice.  The prequalification notice explained that the project would be solicited in two phases.  Id. at 1-2.  Phase I was the announcement of solicitation of prequalification submission.  Id. at 2.  Offerors determined to be prequalified would be issued a formal request for proposals (RFP) for the project and would be invited to participate in a site visit and submit technical and pricing proposals in phase II.  Id. The prequalification notice advised that prospective offerors must be “United States Person[s],” as that term is defined under the Omnibus Diplomatic Security and Antiterrorism Act of 1986, as amended (Security Act), and were required to complete and submit as part of the offeror’s prequalification package a completed certification pamphlet.[1]  Id. As relevant here, the Security Act provides that as long as there is adequate competition, “only United States persons and qualified United States joint venture persons may . . . bid on a diplomatic construction or design project” that is valued at $10 million or more or involves technical security.  22 U.S.C. § 4852(a)(2).  The statute defines a “United States person” as an entity that, inter alia, (1) has been incorporated or legally organized in the United States for more than five years before the issuance date of the request for proposals with respect to a construction project that exceeds $10 million, and for more than two years before the issuance date of the request for proposals with respect to a construction or design project which involves physical or technical security; and (2) has performed within the United States or at a United States diplomatic or consular establishment abroad administrative and technical, professional, or construction services similar in complexity, type of construction, and value to the project being bid.  See 22 U.S.C. §§ 4852(c)(2)(C) and (D).  Certification question #3 pertained to the Security Act’s formation requirements stated above.  See Protester’s Comments and Supplemental (Supp.) Protest, attach. A, Certification Pamphlet at 3.  The certification pamphlet also provided relevant definitions applicable to this certification question.  Id.  As relevant here, “issuance date” was defined as “The Department expects that the issuance date of the Phase II solicitation will be in March 2016-February 2017.”  Id.