B-201181, DEC 15, 1980
Highlights
DIGEST: COMPLAINT THAT CONTRACT AWARDEE WILL NOT DELIVER PRODUCT MEETING SPECIFICATIONS IS MATTER OF CONTRACT ADMINISTRATION WHICH IS FUNCTION AND RESPONSIBILITY OF CONTRACTING AGENCY AND NOT FOR CONSIDERATION UNDER GAO BID PROTEST PROCEDURES. ARC COM CONTENDS THAT ANY PRODUCT THE AWARDEE SUBMITS OTHER THAN ARC COM'S WILL NOT BE EQUAL TO THE ARC COM PRODUCT. THE BASIS OF ARC COM'S PROTEST IS THAT THE CONTRACTOR WILL NOT PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS. WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE PROCURING AGENCY. WHICH ARE RESERVED FOR DETERMINING WHETHER AN AWARD. WE WILL NOT CONSIDER ARC COM'S PROTEST ON THE MERITS. WE ARE FORWARDING THE MATTER TO THE SECRETARY OF THE ARMY FOR CONSIDERATION.
B-201181, DEC 15, 1980
DIGEST: COMPLAINT THAT CONTRACT AWARDEE WILL NOT DELIVER PRODUCT MEETING SPECIFICATIONS IS MATTER OF CONTRACT ADMINISTRATION WHICH IS FUNCTION AND RESPONSIBILITY OF CONTRACTING AGENCY AND NOT FOR CONSIDERATION UNDER GAO BID PROTEST PROCEDURES.
ARC COM FABRICS, INC.:
ARC COM FABRICS, INC. (ARC COM) PROTESTS THE AWARD OF A CONTRACT UNDER SOLICITATION NO. DABT23-80-B-0069 BY THE DEPARTMENT OF THE ARMY FOR ACQUISITION OF DRAPERY FABRIC TO BE USED AT FORT KNOX, KENTUCKY.
ARC COM STATES THAT THE SOLICITATION SPECIFIED USE OF ARC COM'S CAPITOL PATTERN OR EQUAL, THAT NO BIDDER OFFERED AN "EQUAL" PRODUCT, BUT THAT THE AWARDEE HAS DECLINED TO PURCHASE ARC COM'S FABRIC AND INTENDS TO SUBMIT A PURPORTED EQUAL. ARC COM CONTENDS THAT ANY PRODUCT THE AWARDEE SUBMITS OTHER THAN ARC COM'S WILL NOT BE EQUAL TO THE ARC COM PRODUCT.
THE BASIS OF ARC COM'S PROTEST IS THAT THE CONTRACTOR WILL NOT PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS. WHETHER THE DELIVERED PRODUCT MEETS THE SPECIFICATIONS PERTAINS TO ADMINISTRATION OF THE CONTRACT, WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE PROCURING AGENCY. WE DO NOT CONSIDER SUCH MATTERS UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1980), WHICH ARE RESERVED FOR DETERMINING WHETHER AN AWARD, OR PROPOSED AWARD OF A CONTRACT, COMPLIES WITH STATUTORY, REGULATORY, AND OTHER LEGAL REQUIREMENTS. PRECISION ENVIRONMENTS, INC., B-198418, APRIL 29, 1980, 80-1 CPD 306; UNITED COATINGS, B-191905, JUNE 22, 1978, 78-1 CPD 457.
THEREFORE, WE WILL NOT CONSIDER ARC COM'S PROTEST ON THE MERITS. NONETHELESS, IN VIEW OF ARC COM'S ALLEGATION THAT IT HAS REPEATEDLY BROUGHT THIS MATTER TO THE ATTENTION OF THE AGENCY TO NO AVAIL, WE ARE FORWARDING THE MATTER TO THE SECRETARY OF THE ARMY FOR CONSIDERATION.