A firm protested a contract award under an Army solicitation, contending that the Army improperly awarded the contract to a German firm. The solicitation contained a requirement that bidders obtain a handling permit under German law. The firm alleged that the requirement excluded German firms because permits could only be obtained for German-approved equipment, and the equipment to be installed wa...

REQUIREMENT IS NOT A DEFINITIVE CRITERION OF RESPONSIBILITY SINCE IT IS NOT A PREREQUISITE TO AWARD BUT MUST BE SATISFIED BY THE CONTRACTOR AFTER AWARD BUT PRIOR TO PERFORMANCE. THE GOVERNMENT-FURNISHED SMOKE DETECTORS HAVE NOT BEEN APPROVED FOR GENERAL USE UNDER GERMAN LAW. MAINTAINS THAT HANDLING PERMITS ARE ISSUED ONLY FOR THE INSTALLATION OF APPROVED SMOKE DETECTORS AND THAT THEREFORE GERMAN F...