B-212298, JUL 21, 1983

B-212298: Jul 21, 1983

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

DIGEST: PROTEST BY SUBCONTRACTOR OF AGENCY DECISION THAT EQUIPMENT TO BE FURNISHED BY SUBCONTRACTOR UNDER PRIME CONTRACT IS UNACCEPTABLE WILL NOT BE CONSIDERED UNDER GAO BID PROTEST PROCEDURES. EMPIRE CONTENDS THAT THE SPECIFICATIONS AGAINST WHICH ITS SWITCHES ARE BEING JUDGED EXCEED THE ACTUAL MINIMUM NEEDS OF THE GOVERNMENT. THIS COMPLAINT IS NOT DIRECTED TO THE AWARD OF A SUBCONTRACT. IT CONCERNS THE DECISION OF THE GOVERNMENT THAT EMPIRE'S EQUIPMENT IS UNACCEPTABLE. THIS IS A MATTER OF CONTRACT ADMINISTRATION BETWEEN THE GOVERNMENT AND THE PRIME CONTRACTOR WHICH IS NOT COGNIZABLE UNDER THE BID PROTEST PROCEDURES. EMPIRE'S PROTEST WILL NOT BE CONSIDERED ON THE MERITS.

B-212298, JUL 21, 1983

DIGEST: PROTEST BY SUBCONTRACTOR OF AGENCY DECISION THAT EQUIPMENT TO BE FURNISHED BY SUBCONTRACTOR UNDER PRIME CONTRACT IS UNACCEPTABLE WILL NOT BE CONSIDERED UNDER GAO BID PROTEST PROCEDURES.

EMPIRE GENERATOR CORPORATION:

EMPIRE GENERATOR CORPORATION (EMPIRE) PROTESTS THE REJECTION BY THE ARMY, CORPS OF ENGINEERS, OF EQUIPMENT (AUTOMATIC TRANSFER SWITCHES) IT PROPOSED TO FURNISH AS A SUBCONTRACTOR UNDER CONTRACT NO. DACA01-82-C 0101 FOR CONSTRUCTION OF A SEWAGE COLLECTION AND TREATMENT SYSTEM AT FORT RUCKER, ALABAMA. EMPIRE CONTENDS THAT THE SPECIFICATIONS AGAINST WHICH ITS SWITCHES ARE BEING JUDGED EXCEED THE ACTUAL MINIMUM NEEDS OF THE GOVERNMENT.

UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983), THIS OFFICE CONSIDERS COMPLAINTS CONCERNING THE AWARD OF GOVERNMENT CONTRACTS. THIS OFFICE ALSO CONSIDERS PROTESTS CONCERNING THE AWARD OF SUBCONTRACTS IN LIMITED CIRCUMSTANCES. OPTIMUM SYSTEMS, INC., 54 COMP.GEN.767 (1975), 75-1 CPD 166. HOWEVER, THIS COMPLAINT IS NOT DIRECTED TO THE AWARD OF A SUBCONTRACT. RATHER, IT CONCERNS THE DECISION OF THE GOVERNMENT THAT EMPIRE'S EQUIPMENT IS UNACCEPTABLE. THIS IS A MATTER OF CONTRACT ADMINISTRATION BETWEEN THE GOVERNMENT AND THE PRIME CONTRACTOR WHICH IS NOT COGNIZABLE UNDER THE BID PROTEST PROCEDURES. VERMITRON MEDICAL PRODUCTS, B-189426, AUGUST 9, 1977, 77-2 CPD 103.

ACCORDINGLY, EMPIRE'S PROTEST WILL NOT BE CONSIDERED ON THE MERITS.

Nov 21, 2017

  • A-P-T Research, Inc.
    We deny the protest in part and dismiss the protest in part.
    B-414825,B-414825.2

Nov 20, 2017

Nov 16, 2017

  • HBI-GF, JV
    We deny the protest.
    B-415036
  • Epsilon Systems Solutions, Inc.
    We dismiss the protest because it raises a matter of contract administration over which we do not exercise jurisdiction.
    B-414410.4

Nov 15, 2017

Nov 14, 2017

Nov 9, 2017

Looking for more? Browse all our products here