[Request for Reconsideration of Protest of State Department Contract Award for Security Guard Services]

B-251398.3,B-251398.4: May 21, 1996

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An awardee and the Department of State requested reconsideration of a firm's successful protest of a State contract award for security guard services. GAO had held that the awardee was not eligible for a 5-point evaluation preference, since: (1) it was an Italian corporation and not incorporated under U.S. laws; and (2) neither partner was jointly and severally liable for contract performance. In its request for reconsideration, the awardee contended that: (1) it was eligible for the evaluation preference, since its U.S. corporation would actually perform the work; (2) it was a joint venture; and (3) the protester was not responsible, since it failed to obtain a required Italian license. In its request for reconsideration, State contended that the awardee was entitled to the preference, since it complied with all the solicitation's information requirements regarding the preference. GAO held that the: (1) awardee did not provide a valid basis for reconsideration, since its arguments could have been raised during the original protest; and (2) awardee's status as a U.S. person was not a matter of State's discretionary judgement. Accordingly, the request for reconsideration was denied.