B-220874, OCT 31, 1985, 85-2 CPD 513
Highlights
PROTEST OF A CONTRACT AWARD TO A FOREIGN CONTRACTOR TO PERFORM SERVICES WITHIN THE UNITED STATES IS DISMISSED SINCE THE AWARD VIOLATED NO FEDERAL LAW OR REGULATION. THE GENERAL ACCOUNTING OFFICE WILL NOT CONSIDER AN ALLEGATION THAT IMPLIES ALIEN WORKERS WILL BE ILLEGALLY EMPLOYED IN THE UNITED STATES TO PERFORM A GOVERNMENT CONTRACT SINCE THIS IS A MATTER UNDER THE JURISDICTION OF THE DEPARTMENT OF JUSTICE. GARRISON CONTENDS THAT CHINASEACO IS A FOREIGN CONTRACTOR AND MIGHT EMPLOY FOREIGN WORKERS ON THAT PART OF THE CONTRACT TO BE PERFORMED IN THE UNITED STATES. WE ARE NOT AWARE OF ANY FEDERAL LAW OR REGULATION THAT PREVENTS A FOREIGN FIRM FROM COMPETING FOR GOVERNMENT SERVICE CONTRACTS. THE GOVERNMENT'S POLICY WITH REGARD TO FOREIGN BIDDERS AND OFFERORS IS REFLECTED IN THE IMPLEMENTING REGULATIONS OF THE BUY AMERICAN ACT.
B-220874, OCT 31, 1985, 85-2 CPD 513
CONTRACTS - AWARDS - FOREIGN FIRM AWARDEE - PROPRIETY OF AWARD DIGEST: 1. PROTEST OF A CONTRACT AWARD TO A FOREIGN CONTRACTOR TO PERFORM SERVICES WITHIN THE UNITED STATES IS DISMISSED SINCE THE AWARD VIOLATED NO FEDERAL LAW OR REGULATION. JUSTICE DEPARTMENT - IMMIGRATION AND NATURALIZATION SERVICE 2. THE GENERAL ACCOUNTING OFFICE WILL NOT CONSIDER AN ALLEGATION THAT IMPLIES ALIEN WORKERS WILL BE ILLEGALLY EMPLOYED IN THE UNITED STATES TO PERFORM A GOVERNMENT CONTRACT SINCE THIS IS A MATTER UNDER THE JURISDICTION OF THE DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, NOT THE GAO.
GARRISON CONSTRUCTION CO., INC.:
GARRISON CONSTRUCTION CO., INC. PROTESTS THE AWARD OF A CONTRACT BY THE DEPARTMENT OF THE ARMY TO PROVIDE SERVICES FOR A POST-OVERHAUL CHECK OF A FLOATING POWER BARGE TO CHINASEACO ENGINEERS AND DEVELOPERS, LTD., MANILA, PHILIPPINES, UNDER REQUEST FOR PROPOSALS (RFP) NO. DACW17-85-R-0014. GARRISON CONTENDS THAT CHINASEACO IS A FOREIGN CONTRACTOR AND MIGHT EMPLOY FOREIGN WORKERS ON THAT PART OF THE CONTRACT TO BE PERFORMED IN THE UNITED STATES.
WE DISMISS THE PROTEST.
WE ARE NOT AWARE OF ANY FEDERAL LAW OR REGULATION THAT PREVENTS A FOREIGN FIRM FROM COMPETING FOR GOVERNMENT SERVICE CONTRACTS. THE GOVERNMENT'S POLICY WITH REGARD TO FOREIGN BIDDERS AND OFFERORS IS REFLECTED IN THE IMPLEMENTING REGULATIONS OF THE BUY AMERICAN ACT, 41 U.S.C SECS. 10(A) AND (B) (1982), WHICH MERELY SEEK TO EQUALIZE THE COMPETITIVE ADVANTAGE THAT A FOREIGN FIRM MIGHT HAVE FOR SUPPLY OR CONSTRUCTION CONTRACTS. DAWSON CONSTRUCTION CO., INC., B-214070, FEB. 8, 1984, 84-1 CPD PARA. 160.
TO THE EXTENT THE PROTESTER IS COMPLAINING THAT ALIEN WORKERS MAY BE EMPLOYED ILLEGALLY IN THE UNITED STATES IN THE PERFORMANCE OF THIS CONTRACT, WE POINT OUT THAT THIS IS A MATTER UNDER THE JURISDICTION OF THE DEPARTMENT OF JUSTICE, IMMIGRATION AND NATURALIZATION SERVICE, NOT THE GENERAL ACCOUNTING OFFICE.
THE PROTEST IS DISMISSED.