B-191384, MAR 15, 1978
Highlights
ALLEGATION THAT ITEM FURNISHED BY CONTRACTOR DOES NOT COMPLY WITH FIRST ARTICLE REQUIREMENT IS MATTER OF CONTRACT ADMINISTRATION AND NOT FOR CONSIDERATION UNDER BID PROTEST FUNCTIONS OF THIS OFFICE. AEROL ALLEGES THAT ATCKINSON'S FIRST ARTICLE UTILIZES COMPONENTS WHICH ARE NOT IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS. THE QUESTION OF WHETHER A CONTRACTOR IS FURNISHING AN ACCEPTABLE FIRST ARTICLE PRODUCT OR TEST REPORT INVOLVES ADMINISTRATION OF THE CONTRACT WHICH IS A MATTER SOLELY BETWEEN THE GOVERNMENT AND THE CONTRACTOR. MATTERS OF CONTRACT ADMINISTRATION ARE NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES. WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY.
B-191384, MAR 15, 1978
ALLEGATION THAT ITEM FURNISHED BY CONTRACTOR DOES NOT COMPLY WITH FIRST ARTICLE REQUIREMENT IS MATTER OF CONTRACT ADMINISTRATION AND NOT FOR CONSIDERATION UNDER BID PROTEST FUNCTIONS OF THIS OFFICE.
AEROL COMPANY:
AEROL COMPANY (AEROL) PROTESTS THE GRANTING BY THE UNITED STATES ARMY MATERIEL DEVELOPMENT AND READINESS COMMAND OF FIRST ARTICLE APPROVAL UNDER CONTRACT NO. DAAJ01-77-D-0022 (PIB) TO THE R.E. ATCKINSON COMPANY (ATCKINSON). AEROL ALLEGES THAT ATCKINSON'S FIRST ARTICLE UTILIZES COMPONENTS WHICH ARE NOT IN ACCORDANCE WITH THE CONTRACT SPECIFICATIONS.
THE QUESTION OF WHETHER A CONTRACTOR IS FURNISHING AN ACCEPTABLE FIRST ARTICLE PRODUCT OR TEST REPORT INVOLVES ADMINISTRATION OF THE CONTRACT WHICH IS A MATTER SOLELY BETWEEN THE GOVERNMENT AND THE CONTRACTOR. MARS SIGNAL LIGHT COMPANY, B-189176, NOVEMBER 3, 1977, 77-2 CPD 342. MATTERS OF CONTRACT ADMINISTRATION ARE NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1977), WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. JULIAN A. MCDERMOTT CORPORATION, B-187705, B-188197, APRIL 18, 1977, 77-1 CPD 266.
ACCORDINGLY, THE PROTEST IS DISMISSED.