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B-275163 1 (1996-12-31)

handle is hein.gao/gaocrptaeni0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Sabreliner Corporation File: B-275163; B-275163.2; B-275163.3 Date: December 31, 1996 Kenneth B. Weckstein, Esq., and Janine S. Benton, Esq., Epstein, Becker & Green, for the protester. Lisa V. Gressel, Esq., for General Electric Company, an intervenor. Clarence D. Long III, Esq., and John E. Lariccia, Esq., Department of the Air Force, for the agency. Paul E. Jordan, Esq., and Paul Lieberman, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Solicitation for overhaul of Air Force-owned aircraft engines, for which replacement parts are furnished by the government, is properly considered by the agency to be contract for services to which Buy American Act does not apply. DECISION Sabreliner Corporation protests the specifications in request for proposals (RFP) No. F41608-96-R-49674, issued by the Department of the Air Force for overhaul and repair services on the J85 aircraft engine and management items subject to repair associated with the engine. Sabreliner argues that the Buy American Act (BAA) (41 U.S.C. § 10a (1994)) applies to this requirement and that offers should be evaluated giving preference to American-made end products.1 We deny the protest. 'At the request of Sabreliner, the Air Force has amended the RFP more than once in an effort to ensure that all necessary clauses are included and that all clauses are consistent with the type of contract to be awarded. In addition to the BAA, Sabreliner has argued that a number of other clauses should have been included in the RFP. However, in a telephone conference with the parties on November 6, 1996, counsel to Sabreliner conceded that inclusion of these other clauses is not necessary; the crux of Sabreliner's protest is the issue of the applicability of the BAA. Accordingly, we will not address whether the additional clauses were properly excluded by the Air Force. 437129

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