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![handle is hein.gao/gaocrptafvb0001 and id is 1 raw text is:
oComptroller General
of the United States
Washington, D.C. 20548
Decision
Matter of: Goddard Industries, Inc.
File: B-275643
Date: March 11, 1997
Gary Goddard for the protester.
Richard A. Couch, Esq., and Vera Meza, Esq., Department of the Army, for the
agency.
Win. David Hasfurther, Esq., and Michael R. Golden, Esq., Office of the General
Counsel, GAO, participated in the preparation of the decision.
DIGEST
Sole source procurement was proper where it involved a foreign military sale and
the foreign government on whose behalf the procurement was conducted requested
purchase from the specified source.
DECISION
Goddard Industries, Inc. protests a sole source procurement of M151 vehicle spare
parts by the U.S. Army Tank-Automotive and Armaments Command on behalf of the
Republic of the Philippines (ROP). Goddard contends that the procurement should
have been conducted competitively.
We deny the protest.
The procurement involves a foreign military sale (FMS) conducted under the Arms
Export Control Act. 22 U.S.C. § 2751-2799aa-2 (1994). The Act authorizes the
Department of Defense, acting as an agent for a foreign country and using funds of
that country that have been deposited in the FMS Trust Fund Account, to enter into
contracts for purposes of resale to foreign countries. The Competition in
Contracting Act of 1984, which generally requires agencies to obtain full and open
competition through the use of competitive procedures, exempts procurements from
competition where written directions of a foreign government reimbursing the
agency for the cost of the procurement of the property or services for such
government, have the effect of requiring the use of procedures other than
competitive procedures. 10 U.S.C. § 2304(c)(4) (1994); Pilkington Aerospace, Inc.,
B-260397, June 19, 1995, 95-2 CPD 122; Optic-Elec. Corp., B-235885, Oct. 6, 1989,
89-2 CPD 326. The Federal Acquisition Regulation (FAR) reiterates this
exemption and provides for its use in circumstances such as [w]hen a
contemplated acquisition is to be reimbursed by a foreign country that requires that
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