B-188174, FEBRUARY 8, 1977
Highlights
ALLEGATIONS CONCERNING CHANGES IN DELIVERY DATE AND MODIFICATION OF PERFORMANCE REQUIREMENTS OF SNOW REMOVAL EQUIPMENT FOR BENEFIT AND CONVENIENCE OF CONTRACTOR WILL NOT BE CONSIDERED BY OUR OFFICE SINCE ALLEGATIONS INVOLVE CONTRACT ADMINISTRATION WHICH IS FUNCTION AND RESPONSIBILITY OF CONTRACTING AGENCY AND NOT FOR RESOLUTION UNDER BID PROTEST PROCEDURES. SMI STATES THAT THE SPECIFICATIONS UPON WHICH THE CONTRACT WAS BASED WERE CHANGED FOR THE BENEFIT AND CONVENIENCE OF NORLAND. IT IS ALLEGED THAT THE EFFECT OF EXTENDING THE DELIVERY DATE MEANS NORLAND WILL NOT INCUR EXTRA EXPENSES FOR OVERTIME WORK AND SPECIAL HANDLING. IT IS CONTENDED THAT THE CHANGES IN THE SPECIFICATIONS WILL ALLOW NORLAND TO OFFER ITS STANDARD SNOW REMOVAL UNIT RATHER THAT REPROCURING A NEW UNIT TO COMPLY WITH THE UNMODIFIED SPECIFICATIONS.
B-188174, FEBRUARY 8, 1977
ALLEGATIONS CONCERNING CHANGES IN DELIVERY DATE AND MODIFICATION OF PERFORMANCE REQUIREMENTS OF SNOW REMOVAL EQUIPMENT FOR BENEFIT AND CONVENIENCE OF CONTRACTOR WILL NOT BE CONSIDERED BY OUR OFFICE SINCE ALLEGATIONS INVOLVE CONTRACT ADMINISTRATION WHICH IS FUNCTION AND RESPONSIBILITY OF CONTRACTING AGENCY AND NOT FOR RESOLUTION UNDER BID PROTEST PROCEDURES.
SMI (WATERTOWN), INC.:
BY LETTER DATED JANUARY 7, 1977, SMI (WATERTOWN), INC. (SMI), MAKES CERTAIN ALLEGATIONS CONCERNING THE MODIFICATION AND PERFORMANCE OF A CONTRACT AWARDED TO THE IDAHO NORLAND CORPORATION (NORLAND) PURSUANT TO SOLICITATION NO. DAKF70-76-B-0053, ISSUED BY THE DEPARTMENT OF THE ARMY, FORT RICHARDSON, ALASKA.
SPECIFICALLY, SMI ALLEGES THAT AMENDMENT NO. P00001 DATED DECEMBER 3, 1976, MADE CHANGES IN THE DELIVERY DATE AND MODIFIED THE PERFORMANCE REQUIREMENTS OF THE SNOW REMOVAL EQUIPMENT. SMI STATES THAT THE SPECIFICATIONS UPON WHICH THE CONTRACT WAS BASED WERE CHANGED FOR THE BENEFIT AND CONVENIENCE OF NORLAND. IT IS ALLEGED THAT THE EFFECT OF EXTENDING THE DELIVERY DATE MEANS NORLAND WILL NOT INCUR EXTRA EXPENSES FOR OVERTIME WORK AND SPECIAL HANDLING. THESE EXTRA EXPENSES REPORTEDLY HAD BEEN INCLUDED IN SMI'S SUPPLIER'S BID. FURTHER, IT IS CONTENDED THAT THE CHANGES IN THE SPECIFICATIONS WILL ALLOW NORLAND TO OFFER ITS STANDARD SNOW REMOVAL UNIT RATHER THAT REPROCURING A NEW UNIT TO COMPLY WITH THE UNMODIFIED SPECIFICATIONS.
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 DYNETERIA, INC., B-186828, JULY 22, 1976, 76-2 CPD 72; PEEPLES-NEWMAN, INC., B-186730, JULY 9, 1976, 76-2 CPD 30.
IN VIEW OF THE FOREGOING, WE WILL NOT CONSIDER THE ALLEGATIONS ON THE MERITS. HOWEVER, WE ARE SENDING A COPY OF YOUR LETTER TO THE SECRETARY OF THE ARMY FOR HIS INFORMATION.