[Protest of NASA Contract Award for Fan Assembly System]

B-244423: Sep 13, 1991

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A firm protested a National Aeronautics and Space Administration (NASA) contract award for a fan assembly system, contending that NASA: (1) unreasonably included Buy American Act restrictions in the solicitation; and (2) should have given its bid a Buy American preference. GAO held that: (1) the protester untimely filed after bid opening its protest regarding alleged solicitation improprieties; (2) NASA properly gave designated countries the same preference as domestic firms; (3) it would not review an affirmative responsibility determination, unless the protester could provide evidence of bad faith or fraud; and (4) foreign firms were not subject to the same socioeconomic requirements as domestic firms. Accordingly the protest was dismissed.

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