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B-193032 1 (1978-11-03)

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                 /J 2 'VTHE   COMPTROLLER WENSPRAL
DECISION 1.A;/.,o THE UNITED G rATESB
                       tTW/.BHINOTON, D.C. 205140


B-193032


DATE:


November 3, 1978


MATTER   OF:


Ilicolet Technology


Corporation


DIGEST:


      GAO will not investigate or review
      protest challenqin9 offeror's method
      of compliance with representation
      made in bid that product offered was
      domestic for purpose of Buy American
      Act.


     Nicolet Technology Corporation  (Nicolet) protests
the award c6fa contract by  the Department of
Commerce to Brucker Instruments,  Inc. (Brucker), under
solicittition 1a. EO-AO1-78-00-3604 for a nuclear
magnetic resonance spectrometer.

     The protester contends  that the awardee is a
foreign firm which will  furnish a foreign made
product even though  it represented in its response
to the solicitation  that it would furnish a dorih&tic
sorce  end prodUct for purposes of  the'3uy American
Act.  Nicolet requests our Office  to investigate and
review Brucker's method of compliance  with the obliga-
tion assumed by its Buy American certificate.


     The determination of whethe
complying with  its obligation as
American certificate  is a matter
tion, which is for resolution by
the cotracting  activity  rather
have held that protests  seeking
an offeror's intended method of
certification should not be cons
with certain exceptions not appl
Thorson Tool Comoany, B-188271,
CPD 154jandicases  cited 'therein


hr a contractor is
sumed by  its Buy-
of  contract administra-
the  contractor and
than this Office.  We
nn investigation of
compliance with  its
idered by  this 'Office,
icible here.  See
March 1, 1977, 77-1


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