B-218102.5, NOV 29, 1985, 85-2 CPD 614
Highlights
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: GAO WILL NOT REVIEW WHETHER AN AWARDEE IS ACTUALLY COMPLYING WITH SPECIFICATION REQUIREMENTS DURING THE PERFORMANCE OF ITS CONTRACT BECAUSE THAT IS A MATTER OF CONTRACT ADMINISTRATION. MOUNTS STATES THAT POTOMAC IS NOT COMPLYING WITH A CONTRACT REQUIREMENT TO USE A "REGISTERED SURVEYOR" TO PERFORM THE CONTRACT WORK AND SEEKS TO HAVE THE CONTRACT TERMINATED AND REAWARDED. THIS IS THE SECOND PROTEST WHICH MOUNTS HAS FILED WITH OUR OFFICE IN WHICH IT MAKES THIS CONTENTION CONCERNING THIS PROCUREMENT. WE GENERALLY WILL NOT REVIEW A PROTEST ALLEGING THAT AN AWARDEE IS PERFORMING THE CONTRACT IN A MANNER INCONSISTENT WITH THE SPECIFICATIONS SINCE THIS IS A MATTER OF CONTRACT ADMINISTRATION THAT WE DO NOT REVIEW.
B-218102.5, NOV 29, 1985, 85-2 CPD 614
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: GAO WILL NOT REVIEW WHETHER AN AWARDEE IS ACTUALLY COMPLYING WITH SPECIFICATION REQUIREMENTS DURING THE PERFORMANCE OF ITS CONTRACT BECAUSE THAT IS A MATTER OF CONTRACT ADMINISTRATION.
MOUNTS ENGINEERING:
MOUNTS ENGINEERING (MOUNTS) PROTESTS THE AWARD OF A CONTRACT FOR SURVEYING WORK AT THE BLACKSVILLE #2 MINE IN PENNSYLVANIA TO POTOMAC ENGINEERING AND SURVEYING (POTOMAC), UNDER INVITATION FOR BIDS NO. S0145066 ISSUED BY THE DEPARTMENT OF THE INTERIOR, BUREAU OF MINES.
WE DISMISS THE PROTEST UNDER SECTION 21.3(F)(5) OF OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.3(F)(5) (1985), FOR FAILURE TO STATE A VALID BASIS FOR PROTEST.
MOUNTS STATES THAT POTOMAC IS NOT COMPLYING WITH A CONTRACT REQUIREMENT TO USE A "REGISTERED SURVEYOR" TO PERFORM THE CONTRACT WORK AND SEEKS TO HAVE THE CONTRACT TERMINATED AND REAWARDED.
THIS IS THE SECOND PROTEST WHICH MOUNTS HAS FILED WITH OUR OFFICE IN WHICH IT MAKES THIS CONTENTION CONCERNING THIS PROCUREMENT. AS WE STATED IN OUR PRIOR DECISION, WE GENERALLY WILL NOT REVIEW A PROTEST ALLEGING THAT AN AWARDEE IS PERFORMING THE CONTRACT IN A MANNER INCONSISTENT WITH THE SPECIFICATIONS SINCE THIS IS A MATTER OF CONTRACT ADMINISTRATION THAT WE DO NOT REVIEW. SEE MOUNTS ENGINEERING, B-218102.3, MAY 31, 1985, 85-1 CPD PARA. 622.
THE PROTEST IS DISMISSED.