[Request for Reconsideration of Dismissed Protest]

A firm requested reconsideration of a decision in which GAO dismissed its protest because the protester had abandoned its initial protest basis and its second basis for protest was untimely filed. The protester contended that the initial protest basis was not abandoned and that the second argument was timely filed. The invitation for bids informed bidders that this procurement was subject to the Trade Agreements Act which prohibited the purchase of foreign end products, subject to a national interest exception. Because the protester offered to supply a product manufactured in Korea, the Defense Logistics Agency rejected its bid. The protester contended that the rejection of its bid was improper because the country where its product was produced was a preferred country under the Trade Act. GAO found no legal merit to the protester's position, since the fact that Korean products received preferred treatment under the Trade Act did not affect the fact that Korea is not a designated or qualifying country under the Trade Agreements Act, and award was prohibited by the latter statute. The second basis for protest was dismissed because it was filed more than 10 days after the basis for protest was known, and therefore it was untimely. Accordingly, the prior decision was affirmed.