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B-214070, FEB 8, 1984

B-214070 Feb 08, 1984
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DIGEST: PROTEST AGAINST PROPOSED AWARD OF CONTRACT TO FOREIGN FIRM IS DISMISSED SINCE THERE IS NO FEDERAL LAW OR REGULATION PREVENTING FOREIGN FIRMS FROM COMPETING ON GOVERNMENT CONTRACTS. THE PROTESTER CONTENDS THAT SANTA FE IS A FOREIGN-OWNED COMPANY AND IS NOT QUALIFIED UNDER THE PROCUREMENT REGULATIONS FOR AWARD. 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. SINCE WE HAVE NO BASIS TO CONSIDER THE PROTEST ON THE MERITS. THE REQUEST FOR A CONFERENCE IS DENIED. THE PROTEST IS DISMISSED.

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B-214070, FEB 8, 1984

DIGEST: PROTEST AGAINST PROPOSED AWARD OF CONTRACT TO FOREIGN FIRM IS DISMISSED SINCE THERE IS NO FEDERAL LAW OR REGULATION PREVENTING FOREIGN FIRMS FROM COMPETING ON GOVERNMENT CONTRACTS.

DAWSON CONSTRUCTION COMPANY, INC.:

DAWSON CONSTRUCTION COMPANY, INC. (DAWSON), PROTESTS THE PROPOSED AWARD OF A CONTRACT TO SANTA FE ENGINEERS, INC. (SANTA FE), UNDER SOLICITATION NO. 520-E56 ISSUED BY THE VETERANS ADMINISTRATION FOR THE MODERNIZATION OF BUILDINGS. THE PROTESTER CONTENDS THAT SANTA FE IS A FOREIGN-OWNED COMPANY AND IS NOT QUALIFIED UNDER THE PROCUREMENT REGULATIONS FOR AWARD.

FEDERAL LAW OR REGULATION DOES NOT PREVENT FOREIGN FIRMS FROM BIDDING ON GOVERNMENT PROCUREMENTS. FRESH FLAVOR MEALS, INC., B-208965, OCTOBER 4, 1982, 82-2 CPD 310. RATHER, FEDERAL LAW SEEKS MERELY TO EQUALIZE THE COMPETITIVE ADVANTAGE WHICH A FOREIGN FIRM MAY POSSESS. BUY AMERICAN ACT, 41 U.S.C. SECS. 10 A-D (1976); OMEGA MACHINE CO., B-204471, DECEMBER 3, 1981, 81-2 CPD 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.

THE PROTESTER ALSO REQUESTS A CONFERENCE ON ITS PROTEST. SINCE WE HAVE NO BASIS TO CONSIDER THE PROTEST ON THE MERITS, THE REQUEST FOR A CONFERENCE IS DENIED. RAD OIL COMPANY, INC., B-209047, OCTOBER 20, 1982, 82-2 CPD 352.

THE PROTEST IS DISMISSED.

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