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B-192895 1 (1978-09-28)

handle is hein.gao/gaobadgmk0001 and id is 1 raw text is: P11 i cms COMPnOLLER GENERAL DECIUION . OP THS UNITED STATES t' WASHINGTON. .C. O034 FILE: S192095 DATE: September 26, 1978 MATTER OF: Nicolet Technology Corp. DIGEST: 1. Contractor's ccmpliance with delivery and Buy American proviiions of contract involve matters of contract administration and &re not for reso- lution under GAO bid protest function. 2. Bidder's capab.Lity to comply with delivery and Buy American prevision are matters of responsi- bility to bc deermined by the contracting officer and will not be reviewed by GAO except in circum- stances not present here. -3. Where protester's initial sbmisrion indicates protest is without merit, GAO will render decision on matter without obtaining r2port from procuring agency. Aicolet Tecinology Cotrporation '(Nikolet) protests awaird 'of a contract to Bruker Instruments, nc. (Bruker) under solicitation No. 222-78-2314 by the National Cen- ter for Toxicological Research, Jefferson, Arkansas, Nicolet contends that Srur cannot deliver a domestic spectrometer in accordance?;'ith the specified delivery tina and Buy American representations in its bid. The information submitted to this Office by Nicolet indi- cates that its protestVof July 7, 1978 to the procuring activitj was 'denied on September 5, 1978 because the instjrnent offered by Bruker was considered as qualify- ing as a domestic end product as to both place of anu- facture and cost of the foreign and domestic components util'zed. -To the extent that Nicolet may be conte'nding that the contract should not have-been awarded to Bruker because of its alleged inability to comply with the delivery and Buy American requirements, it is challena- iny the contracting officer's affirmative determination

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