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B-278422 1 (1998-01-28)

handle is hein.gao/gaocrptahon0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Baldt Inc. File: B-278422 Date: January 28, 1998 Glenn Suplee for the protester. Michael J. Stobbart for Lister Chain & Forge Inc., the intervenor. Talbot J. Nicholas II, Esq., United States Coast Guard, for the agency. John L. Formica, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Agency properly determined that the awardee would provide buoy chain of domestic manufacture and the award would therefore comply with 14 U.S.C.A. § 97 (West Supp. 1997), which prohibits the procurement of buoy chain not manufactured in the United States, where the awardee's proposal stated that the chain would be manufactured in the United States; the proposal's reference to Canadian subcontractors that would be available to perform certain tests has no bearing on the determination as to whether the buoy chain will be manufactured in the United States because the tests are not part of the manufacturing process. DECISION Baldt Inc. protests the award of a contract to Lister Chain & Forge Inc. under request for proposals (RFP) No. DTCG40-97-R-70029, issued by the United States Coast Guard for buoy chain. Baldt contends that the buoy chain offered by Lister is not manufactured in the United States, and its proposal should therefore have been rejected by the agency in accordance with the terms of the solicitation and a provision in the Coast Guard Authorization Act of 1996, Pub. L. No. 104-324, 110 Stat. 3901, 3984 (1996) (codified at 14 U.S.C.A. § 97(a) (West Supp. 1997)), which prohibit the Coast Guard from procuring buoy chain that is not manufactured in the United States. We deny the protest. The RFP provided for the award of a firm, fixed-price contract for buoy chain. The RFP stated that award would be made to the offeror submitting the proposal representing the best value to the government, price and other factors considered. The solicitation listed the following evaluation factors in descending order of importance: technical, price, and past performance. The RFP also informed offerors of the applicability of 14 U.S.C.A. § 97(a) to this procurement and

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