[Protest of VA Contract Award for Barcode Readers]

B-240173: Oct 16, 1990

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A firm protested a Department of Veterans Affairs (VA) contract award for barcode readers, contending that the awardee: (1) would not furnish domestic end products; (2) did not meet the solicitation requirement that it formally announce its product for marketing purposes before bid opening; and (3) planned to manufacture a product which it was enjoined from manufacturing due to copyright infringement. GAO held that: (1) the awardee's compliance with its Buy American Act certification was a matter of contract administration, which GAO would not consider; (2) VA properly relied on the awardee's statement that it properly announced the product prior to bid opening; and (3) allegations regarding copyright infringement were a private party dispute, which GAO would not consider. Accordingly, the protest was denied in part and dismissed in part.

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