Protest Alleging Entitlement to 12-Percent Differential in Evaluation of Bid Under Buy American Act

A firm protested the evaluation of bids submitted in response to a solicitation by the Bureau of Reclamation. The solicitation was for the removal and replacement of 16 power transformers. The agency proposed to award the contract to a foreign firm which submitted the low evaluated bid. The protester alleged that, under the terms of the solicitation, it was entitled to have a 12-percent differential added to the foreign offer of a competitor, which would make the protester's bid low, rather than the 6-percent differential applied. The protester was not entitled to 12-percent differential in bid evaluation under the Buy American Act because it did not meet either the solicitation or current regulatory requirements concerning labor surplus area concerns. While the solicitation clause did not reflect regulatory changes, the protester would not be prejudiced by an award since it did not qualify under either standard. Regarding the protester's contention that the foreign competitor may be quilty of dumping or selling at prices lower in the United States than in Japan, the enforcement of the provisions of applicable regulations are within the jurisdiction of the Secretary of the Treasury and the U.S. International Trade Commission, not GAO. The protest was denied.