B-200511, OCT 16, 1980
Highlights
PERFORMS IN COMPLIANCE WITH CONTRACT REQUIREMENTS IS MATTER OF CONTRACT ADMINISTRATION WHICH IS NOT CONSIDERED UNDER GAO BID PROTEST PROCEDURES. IT IS UNABLE TO COMPLY WITH A CONTRACT REQUIREMENT THAT WORTHINGTON PARTS BE USED. WHETHER THE AWARDEE PERFORMS IN ACCORDANCE WITH THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE PROCURING ACTIVITY. IF IT IS DETERMINED THAT THE AWARDEE IS NOT MEETING THE SPECIFICATIONS. THIS IS A MATTER FOR THE PROCURING AGENCY AND IS NOT ONE WHICH WE CONSIDER UNDER OUR BID PROTEST PROCEDURES. THE PROTEST IS DISMISSED.
B-200511, OCT 16, 1980
DIGEST: WHETHER AWARDEE, WHICH TOOK NO EXCEPTION TO SOLICITATION REQUIREMENTS, PERFORMS IN COMPLIANCE WITH CONTRACT REQUIREMENTS IS MATTER OF CONTRACT ADMINISTRATION WHICH IS NOT CONSIDERED UNDER GAO BID PROTEST PROCEDURES.
J & F MACHINE WORKS, INC.:
J & F MACHINE WORKS, INC. (J & F), PROTESTS THE AWARD TO DIESEL ENERGY PRODUCTS, INC. (DIESEL), UNDER SOLICITATION NO. DLA700-80-C-4449 ISSUED BY THE DEFENSE LOGISTICS AGENCY, DEFENSE CONSTRUCTION SUPPLY CENTER. J & F CONTENDS THAT BECAUSE DIESEL DOES NOT DEAL WITH WORTHINGTON COMPRESSORS, INC. (WORTHINGTON), IT IS UNABLE TO COMPLY WITH A CONTRACT REQUIREMENT THAT WORTHINGTON PARTS BE USED.
WHERE, AS HERE, AN AWARDEE TAKES NO EXCEPTION TO SOLICITATION REQUIREMENTS, WHETHER THE AWARDEE PERFORMS IN ACCORDANCE WITH THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE PROCURING ACTIVITY. PRECISION ENVIRONMENTS, INC., B-198418, APRIL 29, 1980, 80-1 CPD 306. IF IT IS DETERMINED THAT THE AWARDEE IS NOT MEETING THE SPECIFICATIONS, THE CONTRACT MAY BE TERMINATED FOR DEFAULT. HOWEVER, THIS IS A MATTER FOR THE PROCURING AGENCY AND IS NOT ONE WHICH WE CONSIDER UNDER OUR BID PROTEST PROCEDURES. MAINLINE CARPET SPECIALISTS, INC., B-192534, MAY 8, 1979, 79-1 CPD 315.
THE PROTEST IS DISMISSED.