B-210549, FEB 16, 1983
Highlights
DIGEST: GAO WILL NOT CONSIDER SUPPLIER'S PROTEST OF AGENCY'S POSTAWARD REFUSAL TO ACCEPT ROOFING MATERIAL AS DOMESTIC PRODUCT WHERE AWARDEE CERTIFIED IN ITS BID THAT IT WOULD PROVIDE DOMESTIC PRODUCT. BECAUSE IT IS A MATTER OF CONTRACT ADMINISTRATION FOR CONSIDERATION BY CONTRACTING AGENCY. WHICH CSA IS SUPPLYING. THE VA HAS DETERMINED THAT THE UNIROOF HYPALON ROOFING SYSTEM IS NOT A DOMESTIC MATERIAL. CLAIMING THAT 80 PERCENT OF THE ROOFING SYSTEM IS MANUFACTURED IN THE UNITED STATES. COMPLIANCE DURING CONTRACT PERFORMANCE WITH THE BUY AMERICAN CERTIFICATION IN A BID IS A MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION BY THE CONTRACTING AGENCY.
B-210549, FEB 16, 1983
DIGEST: GAO WILL NOT CONSIDER SUPPLIER'S PROTEST OF AGENCY'S POSTAWARD REFUSAL TO ACCEPT ROOFING MATERIAL AS DOMESTIC PRODUCT WHERE AWARDEE CERTIFIED IN ITS BID THAT IT WOULD PROVIDE DOMESTIC PRODUCT, BECAUSE IT IS A MATTER OF CONTRACT ADMINISTRATION FOR CONSIDERATION BY CONTRACTING AGENCY.
CENTRAL STATES ASSOCIATES:
CENTRAL STATES ASSOCIATES (CSA) PROTESTS THE REFUSAL OF THE VETERANS ADMINISTRATION (VA) TO ACCEPT UNIROOF HYPALON RUBBER ROOFING SYSTEM, WHICH CSA IS SUPPLYING, AS A DOMESTIC PRODUCT IN THE PERFORMANCE OF CONTRACT NO. B-659C-209.
WE DISMISS THE PROTEST.
THE AWARDEE, O.V.CAMPBELL & SONS, APPARENTLY CERTIFIED IN ITS BID THAT TO COMPLY WITH THE BUY AMERICAN ACT, 41 U.S.C. SEC. 10A (1976), IT WOULD PROVIDE DOMESTIC MATERIAL IN PERFORMING THE CONTRACT. THE VA HAS DETERMINED THAT THE UNIROOF HYPALON ROOFING SYSTEM IS NOT A DOMESTIC MATERIAL. CSA, AS A SUPPLIER, DISPUTES THIS DETERMINATION, CLAIMING THAT 80 PERCENT OF THE ROOFING SYSTEM IS MANUFACTURED IN THE UNITED STATES.
COMPLIANCE DURING CONTRACT PERFORMANCE WITH THE BUY AMERICAN CERTIFICATION IN A BID IS A MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION BY THE CONTRACTING AGENCY, NOT OUR OFFICE. SEE LAW ENFORCEMENT ASSOCIATES, INC., B-205024, APRIL 5, 1982, 82-1 CPD 304.
PROTEST DISMISSED.