B-191168, MAR 7, 1978
Highlights
ALLEGATION THAT CONTRACTOR'S EQUIPMENT IS NOT IN COMPLIANCE WITH SPECIFICATIONS WILL NOT BE CONSIDERED SINCE ALLEGATION INVOLVES MATTER OF CONTRACT ADMINISTRATION WHICH IS FUNCTION AND RESPONSIBILITY OF CONTRACTING AGENCY AND NOT FOR RESOLUTION UNDER BID PROTEST PROCEDURES. THESE MATTERS PERTAIN TO CONTRACT ADMINISTRATION WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY. MATTERS OF CONTRACT ADMINISTRATION ARE NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD. THE PROTEST IS DISMISSED. A COPY OF JOY'S LETTER IS BEING FURNISHED TO THE CONTRACTING AGENCY.
B-191168, MAR 7, 1978
ALLEGATION THAT CONTRACTOR'S EQUIPMENT IS NOT IN COMPLIANCE WITH SPECIFICATIONS WILL NOT BE CONSIDERED SINCE ALLEGATION INVOLVES MATTER OF CONTRACT ADMINISTRATION WHICH IS FUNCTION AND RESPONSIBILITY OF CONTRACTING AGENCY AND NOT FOR RESOLUTION UNDER BID PROTEST PROCEDURES.
JOY MANUFACTURING COMPANY:
BY LETTER OF FEBRUARY 10, 1978, JOY MANUFACTURING COMPANY (JOY) MAKES CERTAIN ALLEGATIONS CONCERNING ADMINISTRATION OF A CONTRACT AWARDED TO INGBERG MECHANICAL, INC. (INGBERG) PURSUANT TO INVITATION FOR BIDS NO. 263 -77-3 (92-0214) ISSUED BY THE NATIONAL INSTITUTES OF HEALTH.
SPECIFICALLY, JOY ALLEGES THAT THE EQUIPMENT WHICH INGBERG INTENDS TO USE INCLUDES ELECTRIC MOTORS WHICH DEVIATE FROM THE SPECIFICATIONS WHICH ACCOMPANIED THE SOLICITATION. JOY INDICATES THAT IT HAS ELECTRIC MOTORS WHICH COMPLY IN ALL RESPECTS WITH THE SOLICITATION REQUIREMENTS, WHICH IT HAS OFFERED TO MAKE AVAILABLE TO INGBERG.
THESE MATTERS PERTAIN TO CONTRACT ADMINISTRATION WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY. 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, REGULATORY AND OTHER LEGAL REQUIREMENTS. SEE, INTER-ALLOYS CORPORATION, B-182890, FEBRUARY 4, 1975, 75-1 CPD 79 AND DYNETERIA, INC., B-186828, JULY 22, 1976, 76-2 CPD 72.
IN VIEW OF THE FOREGOING, THE PROTEST IS DISMISSED. HOWEVER, A COPY OF JOY'S LETTER IS BEING FURNISHED TO THE CONTRACTING AGENCY.