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B-153751 1 (1976-10-14)

handle is hein.gao/gaobadefg0001 and id is 1 raw text is: 

9


                            TH r THE cOsMPTRULLVF GL1EF4AL
            DECI1\IIN       *.F: :           r UNIT am STATES
                                     .  WASHINGTON, D.C. 2054
C)l

            FILE:  B-153751                   DATE:   October I, 19(6

            MATTER OF: Blodgett Keypunching Company

            DIGEST:
            1.   A contract for convernion and storage of data to
                 machine (computer) readable form is not manufac-
                 tucing for the purpose of the Buy Americtn Act.

             2. Computer  tape, initially processed abroad, and fur-
                 ther processed in United States is not a manufactured
                 end product for .purposes of Buy American Act,

                 This is a bid protest by Blodgett Keypunching Company relative
            to the application of the Buy American 4ct, 41 U. , C, 1Oa-d (1970),
            to a procurement by the Department of the Air Force for processing
            computer  tapes in support of the LITE (Legal Information Through
            Electronics) Project. We  note that since this procurement vas
            initiated, the Air Force now refers, to thin program as Federal
            Legal  Information Through Electronics, or FLITE. The questions
            for our determination are whether the Act is applicable to this pron
            curement  and, if so, whether the delivered product, processed tape,
            is' of domestic origin for purposes of the Act.

                 This protest arises because of the contract award by the Air
            Force  to the low bidder without applying the Buy American evalua-
            tion factor. The Air Force takes the position that the Act is not
            applicable to this LITE Program data processing procurement
            because  the procurement is one for services, that is, the conver-
            sion of existing data, rather than one for supplies. Alternatively,
            the Air Force contends that the delivered tapes are domestic end
            items even if they are evaluatedpursuant to the Act.

.  *            The contractor, International Computer Iesources, Inc.,
             agreed to deliver procensod error-freel' output magnetic tape
             to the Ar Force. Information is provided by the LITE Project.
             in tle form of printed decisions of various judicial and administra-
             tive Zorums and ultimately is encoded or processed on to computer
             tape. The contractor has developed a detailed set of procedures
             and instructions for processing the information, and has provided
             the instructions and tapes to a Korean facility for processing.

                     *                . ..l1.

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