[Protest of Army Solicitation Provisions]

B-209351: May 27, 1983

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A firm protested certain solicitation specifications by the Army Corps of Engineers for the manufacture and installation of four hydraulic pump-turbines which required 100-percent domestic component content. After filing its protest with GAO, the firm filed suit against the Corps in the U.S. Claims Court which ordered the Corps to delay further action on the procurement pending a GAO decision. The Corps advised GAO, prior to its decision, that the Department of Defense (DOD) first withdrew the authority to require 100-percent domestic content pending the outcome of a study regarding the need for the restriction; subsequently, it canceled the solicitation. The protester maintained that GAO should rule on the issues raised in its original protest and should consider an alleged conflict of interest involving the DOD official who was responsible for including the restrictive clauses in the solicitation. GAO stated that both the withdrawal of authority to require 100-percent domestic content and the solicitation cancellation eliminated the grounds of the protest. Accordingly, the protest was dismissed.