B-217491, JAN 25, 1985, 85-1 CPD 102
Highlights
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: WHETHER SOLICITATION REQUIREMENTS ARE MET DURING PERFORMANCE OF CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT CONSIDER. WE WILL NOT CONSIDER THE PROTEST. THE QUESTION OF WHETHER A CONTRACTOR ACTUALLY MEETS ITS CONTRACTUAL OBLIGATIONS IS A MATTER OF CONTRACT ADMINISTRATION. WHICH IS THE RESPONSIBILITY OF THE PROCURING AGENCY. THE PROTEST ISSUE RAISED BY CTCS THAT CCOC IS NOT COMPLYING WITH SOLICITATION TERMS AND CONDITIONS REGARDING SUBCONTRACTING AND THE REQUIREMENTS FOR ACCREDITED PERSONNEL IS NOT FOR CONSIDERATION BY OUR OFFICE. 4 C.F.R.
B-217491, JAN 25, 1985, 85-1 CPD 102
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: WHETHER SOLICITATION REQUIREMENTS ARE MET DURING PERFORMANCE OF CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT CONSIDER.
CENTRAL TEXAS COLLEGE SYSTEM:
CENTRAL TEXAS COLLEGE SYSTEM (CTCS) PROTESTS THE AWARD OF CONTRACT AND ANY PROPOSED EXTENSIONS OF THESE CONTRACTS UNDER SOLICITATIONS NOS. N00612 -83-R-0253, N00612-83-R-0199, AND N00612-83-R-0204, ISSUED BY THE DEPARTMENT OF THE NAVY FOR EDUCATIONAL SERVICES. THE NAVY AWARDED THE THREE CONTRACTS TO THE CITY COLLEGES OF CHICAGO (CCOC).
THE PROTESTER QUOTES A SOLICITATION PROVISION WHICH SPECIFIES THAT NONE OF THE SERVICES REQUIRED BY THIS CONTRACT SHALL BE SUBCONTRACTED TO OR PERFORMED BY PERSONS OTHER THAN THE CONTRACTOR OR THE CONTRACTOR'S EMPLOYEES WITHOUT THE PRIOR WRITTEN CONSENT OF THE CONTRACTING OFFICER. THE PROTESTER ALLEGES THAT CCOC IMPROPERLY HAS SUBCONTRACTED TO VARIOUS UNQUALIFIED CONTRACTORS IN DEROGATION OF THE ABOVE REQUIREMENT. WE WILL NOT CONSIDER THE PROTEST.
ONCE A CONTRACT HAS BEEN AWARDED, THE QUESTION OF WHETHER A CONTRACTOR ACTUALLY MEETS ITS CONTRACTUAL OBLIGATIONS IS A MATTER OF CONTRACT ADMINISTRATION, WHICH IS THE RESPONSIBILITY OF THE PROCURING AGENCY, NOT OUR OFFICE. CALISTA CORPORATION, B-214711, AUG. 20, 1984, 84-2 CPD PARA. 198. THUS, THE PROTEST ISSUE RAISED BY CTCS THAT CCOC IS NOT COMPLYING WITH SOLICITATION TERMS AND CONDITIONS REGARDING SUBCONTRACTING AND THE REQUIREMENTS FOR ACCREDITED PERSONNEL IS NOT FOR CONSIDERATION BY OUR OFFICE. 4 C.F.R. PARA. 21.3 (1984).
WE DISMISS THE PROTEST.