[Protest of Army Contracting Agency, Europe, Contract Award]

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 was not so approved. GAO held that the specification was not a definitive responsibility criterion and that the Army acted within its discretion in making the award. Accordingly, the protest was dismissed.