B-216395, SEP 27, 1984, 84-2 CPD 363
Highlights
CONTRACTS - SUBCONTRACTS - PROPRIETY - FOREIGN SUBCONTRACTORS DIGEST: PROTEST AGAINST PROPOSED AWARD OF CONTRACT TO DOMESTIC FIRM WHICH ALLEGEDLY INTENDS TO SUBCONTRACT TO BRITISH FIRM IS DISMISSED SINCE THERE IS NO FEDERAL LAW OR REGULATION PREVENTING DOMESTIC FIRM WHICH SUBCONTRACTS WORK TO FOREIGN FIRM FROM COMPETING ON GOVERNMENT CONTRACTS. SAC ARGUES THAT BRITISH CITIZENS WILL BE "TAKING AMERICAN JOBS.". IN THE ABSENCE OF ANY SPECIFIC ALLEGATION CONCERNING HOW THE PROVISIONS OF THE BUY AMERICAN ACT OR IMPLEMENTING REGULATIONS MAY HAVE BEEN VIOLATED. WE WILL NOT CONSIDER THE PROTEST.
B-216395, SEP 27, 1984, 84-2 CPD 363
CONTRACTS - SUBCONTRACTS - PROPRIETY - FOREIGN SUBCONTRACTORS DIGEST: PROTEST AGAINST PROPOSED AWARD OF CONTRACT TO DOMESTIC FIRM WHICH ALLEGEDLY INTENDS TO SUBCONTRACT TO BRITISH FIRM IS DISMISSED SINCE THERE IS NO FEDERAL LAW OR REGULATION PREVENTING DOMESTIC FIRM WHICH SUBCONTRACTS WORK TO FOREIGN FIRM FROM COMPETING ON GOVERNMENT CONTRACTS.
SOFTWARE AUTOMATION CORPORATION:
SOFTWARE AUTOMATION CORPORATION (SAC) PROTESTS THE PROPOSED AWARD OF A CONTRACT TO ADVANCED TECHNOLOGY SYSTEMS (ATS) UNDER REQUEST FOR PROPOSALS (RFP) NO. 84-01, ISSUED BY THE INSTITUTE FOR DEFENSE ANALYSIS. SAC ASSERTS THAT ATS, AN AMERICAN FIRM, INTENDS TO SUBCONTRACT THE WORK TO A BRITISH FIRM USING BRITISH CITIZENS. SAC ARGUES THAT BRITISH CITIZENS WILL BE "TAKING AMERICAN JOBS." THE PROTESTER CONTENDS THAT UNDER SUCH CIRCUMSTANCES, ATS SHOULD NOT RECEIVE THE AWARD.
WE DISMISS THE PROTEST.
NEITHER FEDERAL LAW NOR REGULATION PREVENTS FOREIGN FIRMS OR DOMESTIC FIRMS WHICH SUBCONTRACT ALL OR PART OF THE WORK TO FOREIGN FIRMS FROM SUBMITTING OFFERS ON GOVERNMENT PROCUREMENTS. SEE DAWSON CONSTRUCTION COMPANY, INC., B-214070, FEB. 8, 1984, 84-1 CPD PARA. 160. RATHER, FEDERAL LAW SEEKS MERELY TO EQUALIZE THE COMPETITIVE ADVANTAGE WHICH A FOREIGN FIRM OR A FIRM SUBSTANTIALLY USING FOREIGN SOURCES MAY POSSESS. SEE BUY AMERICAN ACT, 41 U.S.C. SECS. 10A-D (1982); OMEGA MACHINE CO., B-204471, DEC. 3, 1981, 81-2 CPD PARA. 441. IN THE ABSENCE OF ANY SPECIFIC ALLEGATION CONCERNING HOW THE PROVISIONS OF THE BUY AMERICAN ACT OR IMPLEMENTING REGULATIONS MAY HAVE BEEN VIOLATED, WE WILL NOT CONSIDER THE PROTEST.