B-220854, OCT 29, 1985, 85-2 CPD 487
Highlights
CONTRACTING AGENCY'S ACCEPTANCE OF BID RESULTS IN OBLIGATION TO FURNISH DOMESTIC END PRODUCTS AND COMPLIANCE WITH THE OBLIGATION IS A MATTER OF CONTRACT ADMINISTRATION. NMC BELIEVES NORTHFIELD WILL FURNISH A FOREIGN PRODUCT. AS WAS THE CASE HERE. WHETHER THE END PRODUCTS ACTUALLY SUPPLIED BY NORTHFIELD COMPLY WITH THE CERTIFICATION IS A MATTER OF CONTRACT ADMINISTRATION. WHICH WE WILL NOT REVIEW.
B-220854, OCT 29, 1985, 85-2 CPD 487
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: WHERE BIDDER TAKES NO EXCEPTION TO THE BUY AMERICAN CERTIFICATE IN ITS BID, CONTRACTING AGENCY'S ACCEPTANCE OF BID RESULTS IN OBLIGATION TO FURNISH DOMESTIC END PRODUCTS AND COMPLIANCE WITH THE OBLIGATION IS A MATTER OF CONTRACT ADMINISTRATION, NOT FOR RESOLUTION UNDER OUR BID PROTEST REGULATION.
NEWMAN MACHINE COMPANY:
NEWMAN MACHINE COMPANY (NMC) PROTESTS THE AWARD OF A CONTRACT TO NORTHFIELD FOUNDRY & MACHINE COMPANY (NORTHFIELD) UNDER INVITATION FOR BIDS (IFB) NO. N00604-85-R-A179, ISSUED BY THE NAVAL SUPPLY CENTER, PEARL HARBOR, HAWAII. NMC ALLEGES THAT ALTHOUGH NORTHFIELD CERTIFIED IN ITS BID THAT ITS PRODUCT COMPLIED WITH THE BUY AMERICAN ACT, NMC BELIEVES NORTHFIELD WILL FURNISH A FOREIGN PRODUCT.
WE DISMISS THE PROTEST.
WHERE A BIDDER TAKES NO EXCEPTION TO THE BUY AMERICAN CERTIFICATE IN ITS BID, AS WAS THE CASE HERE, THE CONTRACTING AGENCY'S ACCEPTANCE OF THE BID RESULTS IN AN OBLIGATION ON THE PART OF THE BIDDER TO FURNISH DOMESTIC END PRODUCTS. WHETHER THE END PRODUCTS ACTUALLY SUPPLIED BY NORTHFIELD COMPLY WITH THE CERTIFICATION IS A MATTER OF CONTRACT ADMINISTRATION, WHICH WE WILL NOT REVIEW. SEE TRITAN CORPORATION, B-218306, MAY 24, 1985, 85-1 CPD PARA. 601, AND 4 C.F.R. SEC. 21.3(F)(1) (1985).