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Bid Not Unresponsive Despite Lack Of Info About Foreign Supplier

Monday, October 01, 2018 11:14 am


Sustained: Buy American Act

Matter of: Addison Construction Company, 2018 U.S. Comp. Gen. B-416525 Lexis 274 (Sept. 4, 2018)

The Comptroller General sustained a bid protest after the government denied award to a contractor who sought an exception to the Buy American Act and neglected to list required contact information for its foreign supplier.

In April 2018, the Department of Energy (DOE) issued a solicitation as a small business set-aside, seeking a contractor to construct and complete a 345-kV capacitor bank at the Liberty Substation in Liberty, Arizona. Addison Construction Company (Addison), a small business located in Cheyenne, Wyoming, was one of 10 bids the DOE received in response to the solicitation.

The solicitation incorporated both Federal Acquisition Regulation (F.A.R.) 52.225-9, Buy American-Construction Materials, and F.A.R 52.225-10, Notice of Buy American Requirement-Construction Materials. The first provision requires contractors to use only "domestic construction material in performing the contract, unless an exception applies." The second requires the DOE to reject, as nonresponsive, any bid that is based on the use of foreign construction materials if no exception exists.

Addison's bid requested an exception to the Buy American [...]

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