Protest Involving Application of Buy American Act

A protest was filed with the Department of Defense, Defense Personnel Support Center (DPSC), contending that a RFQ to supply hemacytometer cover glass for microscope slides, specifying that the procurement was subject to the Buy American Act, was improperly awarded since the specification was violated by the awardee when that company proposed to utilize glass imported from West Germany. DPSC advised the protester that the Buy American Act factor was still inapplicable under Defense Acquisition Regulations which define a United States end product as a product manufactured in the United States if the cost of its components which are manufactured in the United States exceeds 50% of the total cost of the components. In this case the cost of the glass was less than 50% of the total cost. The protester also alleged that the glass to be imported was ordinary window glass which was available domestically from at least two named sources. The sources named denied that suitable glass could be supplied. The protest was denied because: (1) compliance with obligations was a matter for the procuring agency's contract administrator; and (2) the fact that a firm had to find an alternate source than originally intended was immaterial.