There is something else that has not been discussed yet. In B-291878.3; B-292448.2, Leisure-Lift, Inc.,the GAO specifically said the contracting officer may accept an offeror's Buy American Act certification and has no duty ensure the component test is met unless there is a reason to suspect the validity of the certification. I am not aware of anything since which raises questions about the validity of the decision.
As a general rule, an agency should go beyond a firms self-certification for Buy American Act purposes and should not rely upon the validity of that certification where the agency has reason to believe, prior to award, that a foreign end product will be furnished. On the other hand, where a contracting officer has no information prior to award that would lead to the conclusion that the product to be furnished is a foreign end product, the contracting officer may properly rely upon an offerors self'certification without further investigation.
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Army Contracting Command Guilty of Noncompliance with a Nonexistent Rule
in Don Mansfield's Blog
A blog by Don Mansfield in General
Posted
There is something else that has not been discussed yet. In B-291878.3; B-292448.2, Leisure-Lift, Inc., the GAO specifically said the contracting officer may accept an offeror's Buy American Act certification and has no duty ensure the component test is met unless there is a reason to suspect the validity of the certification. I am not aware of anything since which raises questions about the validity of the decision.