Allegation That Awardee Did Not Qualify as a Small Business Because the Firm Intended To Furnish a Product of Foreign Manufacture

B-192052: Dec 21, 1978

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The protester objects to the award of a contract for thermostatic heating control valves under a total small business set-aside solicitation. Even though the bid solicitation identified a brand name item that the protester believed was manufactured abroad, the protester should have sought clarification prior to bidding. The fact that the brand name item may have been a foreign product does not work a waiver of the Buy American Act or permit an offer by other than small business where the procurement was totally reserved for small business participation. Whether the second low offeror will comply with certification in the bid to furnish a domestic end product for purposes of the Buy American Act is a question involving responsibility and does not present a question for GAO review. The protester's allegation that the awardee is not small business should have been submitted to the contracting officer for conclusive determination by the Small Business Administration (SBA). An indication in the protester's bid that a foreign product would be furnished should not have been viewed by the contracting officer as negating the bidder's self-certification; instead, the matter should have been referred to SBA.

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.
  • Yang Enterprises, Inc.
    We dismiss the protest.

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