B-195824, SEP 17, 1979

B-195824, SEP 17, 1979

DIGEST: WHETHER CONTRACT WILL BE PERFORMED IN COMPLIANCE WITH CONTRACT REQUIREMENTS IS MATTER OF CONTRACT ADMINISTRATION AND NOT FOR CONSIDERATION BY GAO.

RACON, INC.:

RACON, INC. PROTESTS THE PURCHASE OF FIELD DISTURBANCE SENSORS FROM MESL SECURITY LTD. (MESL), BY INTERNATIONAL RESEARCH ASSOCIATES, A SECOND-TIER SUBCONTRACTOR UNDER A GOVERNMENT PRIME CONTRACT WITH IVERSON CONSTRUCTION. THE PRIME CONTRACT WAS AWARDED UNDER INVITATION FOR BIDS (IFB) DACA-51-79-B-0001 ISSUED BY THE ARMY CORPS OF ENGINEERS, NEW YORK (ARMY).

RACON ALLEGES THAT MESL'S DETECTION SYSTEM DOES NOT COMPLY WITH THE SOLICITATION REQUIREMENT FOR FEDERAL COMMUNICATIONS COMMISSION APPROVAL OF THE MICROWAVE INTRUSION DETECTION SYSTEMS BEING PROCURED.

THE QUESTION HERE INVOLVES A SUBCONTRACTOR'S COMPLIANCE WITH A GOVERNMENT CONTRACT'S REQUIREMENT AND IS A MATTER OF CONTRACT ADMINISTRATION WHICH IS NOT FOR CONSIDERATION BY OUR OFFICE UNDER OUR BID PROTEST FUNCTION. CROWE ROPE COMPANY, B-187092, AUGUST 18, 1976, 76-2 CPD 174 AND OPTIMUM SYSTEMS, INC., 54 COMP.GEN. 767 (1975), 75-1 CPD 166; INDUSTRIAL COILS, INC., B-194560, JUNE 15, 1979, 79-1 CPD 426. THUS, THE PROTESTER'S CONTENTION THAT THE FURNISHING OF MESL EQUIPMENT VIOLATES A CONTRACTUAL OBLIGATION PROVIDES NO BASIS FOR OUR REVIEW. THE ARMY IS RESPONSIBLE FOR TAKING APPROPRIATE ACTION IF THE PRIME CONTRACT IS NOT PROPERLY PERFORMED.

THE PROTEST IS DISMISSED.