[Protest of Army Contract Award]

B-214137: Feb 28, 1984

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A firm protested a contract award under an Army request for proposals (RFP) for a dosimetry system. The protester alleged that the award placed a foreign offerer in a favorable sole-source position for the future and that the evaluation criteria of the RFP should have avoided such a situation. The firm also contended that the contract should not have been awarded to a foreign concern in competition with domestic companies. GAO found that, since the protester's main allegation concerned an impropriety in the RFP, that part of its protest would not be reviewed because it was untimely filed after the contract award. Further, once the differentials of the Buy American Act have been applied, there is no legal basis for objecting to an award to a foreign concern which has submitted the best proposal. Accordingly, the protest was dismissed in part and denied in part.