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B-189380 1 (1978-02-09)

handle is hein.gao/gaobadfrg0001 and id is 1 raw text is: Q.S S THE COMPTROLLMM SUIIMEAL OD5CI5CN . .OF TME UNITE UVATES WAUMIN TOIJ, 0. C. 20543 t'Iv iSe 0-189380 Crockett Machine Company DIGEST: 1. 'fid of firm that offered a Defense item to be manufactured largely in the United Kingdom was improperly evaluated by contracting agency which applied the Buy American Act, because Secretary of Defense has excepted such items manufactured in the United Kingdom from application of the Act. 2. Where Secretary of Defense has determired that Buy American Act does not apply toDefense items manu- factured in the UnitedKinqdomiiflwhere United States. and United Kingdom have igreed to apply Memorandum of Understarding to subcontracted De- fense item when manufactured by subcontractors of each country, United Kingdom firm does not have to be a prime contractor in order to have its nan- ufactured item excepted from application of Buy American Act. 3. There is no requirement that an agency give notice to all potential competitors that it Las determin- ed that all Defense items manufactured in a given foreign country are exempt from application of the Buy American Act. This protest concerns the scope of a Determination and Finding issued by the Secretary of Defense on November 24, 1976 with regard to the application of theBuy American Act (41U.S.C. 510a). The specific issue to be decided is whether or not a product largely fabricated in the United Kingdom (U.K.) should be sub- ject to S 6-104.4 of the Armed Services Procurement Regulation (ASPR) in order to determine whether it may be purchased in lieu of higher priced, American- -1 - FILE: MATTER OF: DATE: Vebruary 9. 1978 ii ii '1 '1 II iJ it Ii

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