B-195805, B-196036, FEBRUARY 7, 1980, 59 COMP.GEN. 249

CONTRACTS - BUY AMERICAN ACT - DEFENSE DEPARTMENT PROCUREMENT - WAIVER OF ACT - MEMORANDUM OF UNDERSTANDING - NOTICE IN INDIVIDUAL PROCUREMENTS MILITARY DEPARTMENT IS NOT REQUIRED TO ADVISE DOMESTIC OFFERORS OF EXISTENCE OF MEMORANDUM OF UNDERSTANDING BETWEEN UNITED STATES AND UNITED KINGDOM WHICH PROVIDES BASIS FOR SECRETARY OF DEFENSE'S DETERMINATION THAT BUY AMERICAN ACT IS INAPPLICABLE TO DEFENSE ITEMS MANUFACTURED IN THE UNITED KINGDOM. WJC BELIEVES THAT THE AWARD TO RPI IS IMPROPER FOR TWO REASONS: (1) THE AIR FORCE FAILED IN ITS DUTY TO ADVISE WJC OF THE EXISTENCE OF THE SEPTEMBER 24. WE ARE DENYING THE PROTEST SINCE IN OUR OPINION NEITHER REASON PROVIDES A BASIS FOR INVALIDATING THE AWARD.