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B-296135.2,B-296230.2 1 (2005-06-17)

handle is hein.gao/gaobaczdc0001 and id is 1 raw text is: I G A 0Comptroller General WAM Accountability * Integrity * Reliability of the United States United States Government Accountability Office DOCUMENT FOR PUBLIC RELEASE Washington, DC 20548 The decision issued on the date below was subject to a GAO Protective Order. This redacted version has been approved for public release. Decision Matter of: City Chemical LLC File: B-296135.2; B-296230.2 Date: June 17, 2005 Gary Marcus, Esq., Goldberg & Connolly, for the protester. Charles H. Carpenter, Esq., and Michael L. Hordell, Esq., Pepper Hamilton LLP, for Nation Ford Chemical Company, an intervenor. Jeffrey I. Kessler, Esq., U.S. Army Materiel Command, and Sandra L. Biermann, Esq., U.S. Army Field Support Command, for the agency. Jennifer D. Westfall-McGrail, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly evaluated dye that protester proposed to furnish as a foreign end product where imported raw dye accounted for more than 50 percent of the cost of all components making up the dye. DECISION City Chemical LLC protests the award of contracts to Nation Ford Chemical Company under two solicitations issued by the U.S. Army Operations Support Command, request for proposals (RFP) No. DAAAO9-03-R-3017 for solvent yellow dye 33 and RFP No. DAAAO9-03-R-3019 for solvent green dye 3. With regard to both RFPs, City Chemical contends that the agency erroneously determined that it intended to furnish a foreign source end item and, as a consequence, improperly added a Buy American Act (BAA) differential to its price. We deny the protests. BACKGROUND Each of the solicitations contemplated the award of a fixed-price requirements contract to the offeror submitting the lowest-priced, technically acceptable proposal at a fair and reasonable price. Both advised that offers would be evaluated by giving preference to domestic end products and qualifying country end products over nonqualifying country end products; to permit this evaluation, offerors were asked to certify as to the status of their end products. Elsewhere in both RFPs, offerors were

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