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B-277734 1 (1997-10-08)

handle is hein.gao/gaocrptagdm0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Peter Bauwens Bauunternehmung GmbH & Co. KG File: B-277734; B-277982; B-277986 Date: October 8, 1997 J. Casey Fos, Esq., Parker, Poe, Adams & Bernstein, for the protester. John Lariccia, Esq., Department of the Air Force, for the agency. Sylvia Schatz, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST General Accounting Office (GAO) lacks jurisdiction to review protests of contract awards made by German government pursuant to international agreement, since GAO's jurisdiction is limited to federal agency procurement actions; protester's argument that GAO has by or for jurisdiction over the awards is without merit because: (1) by or for jurisdiction, which ordinarily arises in the context of a subcontract award by a federal prime contractor, does not apply to procurement conducted by sovereign foreign government pursuant to international agreement; (2) in any case, GAO no longer views its jurisdiction as routinely extending to procurements conducted by others but for the government; and (3) even if by jurisdiction applied to foreign government procurements, United States agency's involvement in procurements was not so extensive that German contracting authority could be viewed as a mere conduit for agency. DECISION Peter Bauwens Bauunternehmung GmbH & Co. KG protests its failure to receive awards under Department of the Air Force request for proposals (RFP) Nos. F61521-93-C-5218, F61521-95-C-5236, and F61521-95-C-5262, for building renovations at U.S. Armed Forces facilities in Mannheim, Germany. We dismiss the protests. These procurements were conducted by an agency of the Government of Germany, the German Government Construction Agency (GGCA), using United States appropriated funds, pursuant to an international agreement between the United States and Germany.1 Under the agreement, the GGCA is responsible for soliciting 1The international agreement is entitled the Administrative Agreement, AGB 1975, between the Federal Minister for Regional Planning, Building and Urban (continued...)

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