[Protest of Buy American Provision in Air Force RFP]

B-218588.2: Jun 20, 1985

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A firm protested the lack of a Buy American Act provision in an Air Force request for proposals for repair of government overseas facilities, contending that the lack of such a provision violated Department of Defense policy. GAO found that, since the protester is only a potential supplier to firms competing for the project, it is not an interested party; therefore, its protest was not for consideration. Furthermore, the provisions of the Buy American Act are applicable only to contracts for construction or repair of public buildings in the United States. Such procurements for overseas facilities are governed by the Balance of Payments Program. Finally, the Air Force determined that requiring the use of materials of U.S. origin would be more expensive. Accordingly, the protest was dismissed.