The Percy Amendment gives American-owned bidders a ten percent price advantage when competing for State Department construction projects.  To qualify as American-owned, the statute requires evidence that the bidder has performed “similar construction work in the United States or at a United States diplomatic or consular establishment abroad.”  22 U.S.C. § 302(b)(4)(A).

The State Department regulation implementing the Percy Amendment does not allow for consideration of foreign construction experience.  It states that similar construction work must have been performed in the United States.  DOSAR 652.236-71.  This conflict was the subject of a recent bid protest decision in Perini Management Services, Inc., B-404261, et al. (December 17, 2010).