B-198669 L/M, JAN 13, 1983, OFFICE OF GENERAL COUNSEL

B-198669 L/M: Jan 13, 1983

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WE HAVE NO RECOMMENDATION AS TO WHETHER YOU SHOULD SEEK REVIEW BY THE SUPREME COURT. WE HAVE NO LEGAL OBJECTIONS TO THE HOLDING.

B-198669 L/M, JAN 13, 1983, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

J. PAUL MCGRATH, U.S. DEPARTMENT OF JUSTICE:

THIS RESPONDS TO YOUR LETTER OF NOVEMBER 24, 1982, ASKING WHETHER, IN OUR OPINION, THE DEPARTMENT OF JUSTICE SHOULD FILE A PETITION FOR A WRIT OF CERTIORARI IN THE CASE OF UNITED STATES V. JOHN T. BRADY & COMPANY, CAFC NO. 173-80C, NOVEMBER 18, 1982. IN THAT DECISION, THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT HELD THAT THE BUY AMERICAN ACT, 41 U.S.C. SEC. 10A - 10D (1976), DOES NOT PROHIBIT POST-AWARD CONSIDERATION OF REQUESTS FOR EXCEPTIONS TO GOVERNMENT CONTRACT PROVISIONS REQUIRING DOMESTIC CONSTRUCTION MATERIALS.

WE HAVE NO RECOMMENDATION AS TO WHETHER YOU SHOULD SEEK REVIEW BY THE SUPREME COURT.

HOWEVER, SINCE THE COURT DID NOT DECIDE WHETHER AN EXCEPTION TO THE BUY AMERICAN ACT SHOULD BE GRANTED IN THIS CASE, AND BECAUSE THE DECISIONS OF OUR OFFICE CITED BY THE COURT OF APPEALS, 40 COMP.GEN. 644 (1961) AND 42 COMP.GEN. 468 (1963), IN SUPPORT OF ITS DECISION INDICATE THAT, IN SOME CIRCUMSTANCES, SUCH EXCEPTIONS MAY BE GRANTED AFTER AWARD, WE HAVE NO LEGAL OBJECTIONS TO THE HOLDING.

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