Skip to main content

[Protest of DPSC Contract Award to Any Foreign Firms]

B-215110 Published: May 24, 1984. Publicly Released: May 24, 1984.
Jump To:
Skip to Highlights

Highlights

A firm protested a contract award to any foreign firms under a solicitation issued by the Defense Personnel Support Center. The protester contended that the specifications of the solicitation placed domestic concerns at a competitive disadvantage and should be revised to restrict competition to firms approved by the Food and Drug Administration (FDA). It is the responsibility of the contracting agency, not GAO, to determine what products will satisfy an agency's minimum needs. GAO will not consider a complaint that a more restrictive solicitation should be used unless there is a showing of possible fraud or intentional misconduct on the part of procuring officials. Since neither of these exceptions was alleged in this case, GAO would not intervene to require the use of a more restrictive solicitation. Furthermore, exclusion from competition of foreign firms not subject to FDA approval is not consistent with the Buy American Act. Finally, the alleged competitive unfairness perceived by the protester is inherent in all competition that includes foreign firms. Accordingly, the protest was dismissed.

Full Report

Office of Public Affairs

Topics

Bidder responsibilityBuy national policyContract award protestsDefense procurementFood and drug lawSolicitation specifications