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AE TH LDMPTROL.ER LGENERAL
DECISION ' OF TH UNITED STATE1
WASHIN'TON, D.C', 040
4s 4V
FILE %B-179607
I
MATTER
DATE; July 25, 1974
OF: Baganoff Associates, Incorporated
DIGEST: 1. Protest that proposl offering listed
Canadian end product should have been
evaluated pursuant to Buy Americtn Act.
restrictions Is denied because regulations
implimenting Act provide for waiver with
respe't to listed Canadian and prducts
andO01) has previously upheld DOD's dis-
cretio oin effecting waiver of restrictions
and liting products; moreover, action of
t Canadiai Commercial Corporation in wubmitting
offer for Canadian supplier was proper under
regulation. In view of Congressional cogni-
ot xance of Agreements between DOD and Canadian
counterpart waiving Act's restrictions, and
as Agreement covers matter concerning U.S,-
Cpn*dian :alations, it is inappropriate for
GAO to question regulations' propriety, See
regulations and cases cited.
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2'. GAO examI.ntion of technical and price
evalvation of wardrp's proposal indicates
evaluation ia rear**.ale and in accord with
stated evitluation iikt'.ta. Although selected
design has no operst~onal history or\ actual
cost basis, and has yet to undergo testing pro-
cedure, RFP cor.templated development contract,
including testing thereunder, and did not
require item to have been aircraft tested.
Furthermore, GAO finds record supports agency's
conclusion that successful offeror's low price
io reasonable because of unique design, type
of materials used, and employment of low cost
production processes; also, Canadian Comuercial
Corporation certified reasonableness of 'awardee's
prices pursuant to ASPR 6-506.
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3. dAo finds no evidence in record to support
allegation that Air Force aided other offerors
in price revisions or that such revisionsre**
sulted from other than proper negotiation proc-
ess, Although protecter contends time extenaion
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