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Govt. Can't Ignore A Federal Statute Even If The Rfp Did

Tuesday, March 01, 2011 03:55 am


Denied: Percy Amendment

Matter of: Perini Management Services, Inc, 2010 Comp. Gen. B-404261; B-404261.2; B-404261.3; B-404261.4 (Dec.17, 2010)

The RFP doesn't necessarily have the last word; if a project solicitation is subject to a federal statute, then the words of the statute are the ones that count.

Perini Management Services, Inc. (Perini) protested a Department of State (DOS) award to Framaco-Epik Joint Venture (FE) for a design and construction project on a new embassy compound in Baghdad, Iraq. The contract was subject to the Percy Amendment (officially know as section 11 of the Foreign Service Buildings Act of 1926, 22 U.S.C. 302 (2002)). That statute l [...]

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