B-195905, OCT 31, 1979
Highlights
DIGEST: PROTEST OF AGENCY APPROVAL OF ITEM FURNISHED UNDER PRIME CONTRACT IS DISMISSED BECAUSE SUCH APPROVAL IS MATTER OF CONTRACT ADMINISTRATION WHICH IS RESPONSIBILITY OF AGENCY AND IS NOT REVIEWABLE UNDER OUR BID PROTEST PROCEDURES. WE HAVE BEEN INFORMALLY ADVISED THAT THE NAVY DID NOT PARTICIPATE IN THE EVALUATION OF THE SUBCONTRACTOR FOR AWARD. THE CONTRACTING AGENCY IS RESPONSIBLE FOR ADMINISTERING THE PRIME CONTRACT AND FOR DETERMINING WHETHER THE PRIME CONTRACTOR COMPLIES WITH SPECIFICATION REQUIREMENTS CONTAINED IN THAT CONTRACT. THE PROTEST IS DISMISSED.
B-195905, OCT 31, 1979
DIGEST: PROTEST OF AGENCY APPROVAL OF ITEM FURNISHED UNDER PRIME CONTRACT IS DISMISSED BECAUSE SUCH APPROVAL IS MATTER OF CONTRACT ADMINISTRATION WHICH IS RESPONSIBILITY OF AGENCY AND IS NOT REVIEWABLE UNDER OUR BID PROTEST PROCEDURES.
THE TRANE COMPANY:
THE TRANE COMPANY (TRANE) PROTESTS THE APPROVAL BY THE NAVAL FACILITIES ENGINEERING COMMAND (NAVY) OF CERTAIN WATER CHILLERS ACQUIRED BY THE PRIME CONTRACTOR UNDER CONTRACT NO. N62472-76-C-0427. WE HAVE BEEN INFORMALLY ADVISED THAT THE NAVY DID NOT PARTICIPATE IN THE EVALUATION OF THE SUBCONTRACTOR FOR AWARD; NOR DID IT APPROVE THE SUBCONTRACT AWARD. THE NAVY ONLY APPROVED THE PARTICULAR ARTICLES TO BE PROVIDED BY THE SUBCONTRACTOR AFTER AWARD ALREADY HAD BEEN MADE. TRANE CONTENDS THAT THE APPROVED WATER CHILLERS DO NOT MEET SPECIFICATION REQUIREMENTS CONTAINED IN THE PRIME CONTRACT.
THE CONTENTION INVOLVES A MATTER OF CONTRACT ADMINISTRATION WHICH THIS OFFICE DOES NOT REVIEW UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1979). CHALLENGE EQUIPMENT CORP., B-193511, DECEMBER 29, 1978, 78-2 CPD 442; PEN FOAM INSULATION CO., B-192764, SEPTEMBER 26, 1978, 78-2 CPD 223. THE CONTRACTING AGENCY IS RESPONSIBLE FOR ADMINISTERING THE PRIME CONTRACT AND FOR DETERMINING WHETHER THE PRIME CONTRACTOR COMPLIES WITH SPECIFICATION REQUIREMENTS CONTAINED IN THAT CONTRACT, WHEREAS OUR BID PROTEST PROCEDURES APPLY TO CONSIDERATIONS OF WHETHER AN AWARD, OR A PROPOSED AWARD OF A CONTRACT, COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. CHALLENGE EQUIPMENT, SUPRA; PEN FOAM INSULATION, SUPRA.
THE PROTEST IS DISMISSED.