[Protests of Navy Solicitation for Containers]

B-244686,B-244686.2,B-244686.4,B-244687,B-244688: Nov 7, 1991

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Two firms protested a Navy solicitation for containers, contending that the Navy: (1) improperly applied the Trade Agreements Act of 1979 to the solicitation; (2) should have waived the act's prohibition against products from nondesignated countries; (3) improperly eliminated a bid from the competitive range; and (4) made award to a nonresponsible bidder. GAO held that: (1) the Navy reasonably applied the act to the solicitation; (2) the Navy reasonably exercised its discretion not to waive act provisions, since it received acceptable offers of domestic and eligible products; (3) the Navy reasonably concluded that the bid it eliminated offered end products from a nondesignated country; and (4) one of the protesters was not sufficiently interested to challenge the award, since it would not be in line for award even if its protest were sustained. Accordingly, the protests were dismissed in part and denied in part.

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