B-205323: Apr 27, 1982

A German firm protested a General Services Administration (GSA) application of the Buy American evaluation factor in its solicitation for entrenching tools. The protester argued that a Department of Defense (DOD) Memorandum of Understanding (MOU) waiving buy-national laws in the purchase of defense equipment from the Federal Republic of Germany applied to this procurement; therefore, the Buy Ameri...

B-205323: Apr 27, 1982

WHERE GSA IS PURCHASING THE TOOLS WITH ITS OWN APPROPRIATIONS AND THE MEMORANDUM CONFLICTS WITH AN EXPRESS STATUTORY RESTRICTION ON THE USE OF GSA'S APPROPRIATIONS. 2. IS NOT IN ITSELF EVIDENCE THAT THE SECRETARY HAS ABUSED HIS DISCRETION. SO THAT THE BUY AMERICAN EVALUATION FACTOR SHOULD NOT HAVE BEEN ADDED TO THE FIRM'S BID. IDEALSPATEN ALSO ASSERTS THAT DOD'S ASSIGNMENT OF THE RESPONSIBILITY FO...