[Protest of DLA Contract Award]

B-207346: Nov 29, 1982

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A firm protested the award of a contract under a request for proposals issued by the Defense Logistics Agency for the purchase of dental instruments. Since the solicitation required the product to be made of stainless steel, it was subject to a restriction found in the annual Department of Defense Appropriation Act which requires that specialty metals be acquired domestically. The protester argued that it was not proposing to furnish any specialty metals but was offering the product of a foreign subcontractor. It also protested that its products were not specialty metals since they were not comprised solely of specialty metals. The Department of Defense Appropriations Act of 1982 provides that no part of any appropriation, with exceptions inapplicable in this case, shall be available for the procurement of foreign specialty metals. Defense Acquisition Regulations also provide that supplies consisting in whole or in part of any foreign specialty metals cannot be acquired. Accordingly, the protest was denied.

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