[Protest of NAVFAC Solicitation for Station Paving]

B-250530: Nov 24, 1992

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A firm protested a Naval Facilities Engineering Command (NAVFAC) solicitation for station paving, contending that the solicitation failed to include clauses concerning: (1) compliance with the Buy American Act; (2) various labor provisions; and (3) the Balance of Payment program. The protester also claimed entitlement to recovery of its protest costs. GAO held that: (1) since the requirements were to be performed in Cuba, they were not subject to the Buy American Act or U.S. labor laws; (2) NAVFAC issued a solicitation amendment that incorporated a Balance of Payments clause; and (3) the protester was not entitled to its protest costs, since NAVFAC promptly responded to the protest regarding the Balance of Payments clause. Accordingly, the protest was dismissed, and the claim was denied.