B-177865, MAY 4, 1973

B-177865: May 4, 1973

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DECISION ADVISING THAT THE DETERMINATION OF WHETHER GOODS OFFERED BY A CONTRACTOR CONFORM TO THE CONTRACT REQUIREMENTS IS PROPERLY THE RESPONSIBILITY OF THE CONTRACTING AGENCY IN THE FIRST INSTANCE. SINCE IT APPEARS THAT GSA IS TAKING THE NECESSARY STEPS TO INSURE THAT ONLY DOMESTIC SOURCE END PRODUCTS WILL BE ACCEPTED UNDER CONTRACT ISSUED BY FEDERAL SUPPLY SERVICE. PROTEST ON BEHALF ON THORSEN TOOL COMPANY WILL RECEIVE NO FURTHER ACTION BY THIS OFFICE AT THIS TIME. NEAL & ROSE: FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED JANUARY 24. ENCLOSED IS A COPY OF A REPORT (WITH ENCLOSURES) FROM GSA IN THIS MATTER. TO ASSURE THAT THE MATERIAL OFFERED IS IN FACT DOMESTIC WILL BE TAKEN WHEN THE GOODS ARE SUBMITTED FOR INSPECTION AND DELIVERY PURSUANT TO THE TERMS OF THE CONTRACT.

B-177865, MAY 4, 1973

DECISION ADVISING THAT THE DETERMINATION OF WHETHER GOODS OFFERED BY A CONTRACTOR CONFORM TO THE CONTRACT REQUIREMENTS IS PROPERLY THE RESPONSIBILITY OF THE CONTRACTING AGENCY IN THE FIRST INSTANCE. SINCE IT APPEARS THAT GSA IS TAKING THE NECESSARY STEPS TO INSURE THAT ONLY DOMESTIC SOURCE END PRODUCTS WILL BE ACCEPTED UNDER CONTRACT ISSUED BY FEDERAL SUPPLY SERVICE, PROTEST ON BEHALF ON THORSEN TOOL COMPANY WILL RECEIVE NO FURTHER ACTION BY THIS OFFICE AT THIS TIME.

TO REAVIS, POGUE, NEAL & ROSE:

FURTHER REFERENCE IS MADE TO YOUR LETTERS DATED JANUARY 24, 1973, FILE 741-MDB, AND MARCH 14, 1973, FILE 741-MJK 20-43-03, ON BEHALF OF THORSEN TOOL COMPANY RELATIVE TO POSSIBLE VIOLATIONS OF THE BUY AMERICAN ACT BY CENTURY TOOL COMPANY, THE SUCCESSFUL BIDDER UNDER SOLICITATION NO. FPNTN- D4-50676-A-11-3-72, ISSUED BY THE FEDERAL SUPPLY SERVICE, GENERAL SERVICES ADMINISTRATION (GSA).

ENCLOSED IS A COPY OF A REPORT (WITH ENCLOSURES) FROM GSA IN THIS MATTER. THE REPORT INDICATES THAT ALL NECESSARY STEPS, INCLUDING EXAMINATION OF RECORDS, TO ASSURE THAT THE MATERIAL OFFERED IS IN FACT DOMESTIC WILL BE TAKEN WHEN THE GOODS ARE SUBMITTED FOR INSPECTION AND DELIVERY PURSUANT TO THE TERMS OF THE CONTRACT, AND THAT THIS OFFICE WILL BE NOTIFIED IF CENTURY IS FOUND TO BE NOT COMPLYING WITH THE BUY AMERICAN ACT.

THE DETERMINATION OF WHETHER GOODS OFFERED BY A CONTRACTOR CONFORM TO THE CONTRACT REQUIREMENTS IS PROPERLY THE RESPONSIBILITY OF THE CONTRACTING AGENCY IN THE FIRST INSTANCE. SINCE IT APPEARS THAT GSA IS TAKING THE NECESSARY STEPS TO INSURE THAT ONLY DOMESTIC SOURCE END PRODUCTS WILL BE ACCEPTED UNDER THE CONTRACT IN QUESTION, FURTHER ACTION BY THIS OFFICE AT THIS TIME DOES NOT SEEM APPROPRIATE.