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B-208557.5, JUL 11, 1983

B-208557.5 Jul 11, 1983
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DIGEST: PROTEST THAT CONTRACTOR HAS BEEN ALLOWED TO SUBSTITUTE SUBCONTRACTOR DURING PERFORMANCE OF CONTRACT IS MATTER OF CONTRACT ADMINISTRATION AND IS THE RESPONSIBILITY OF PROCURING AGENCY RATHER THAN GAO UNDER BID PROTEST PROCEDURES. HSQ CONTENDS THAT THE NAVY'S BASIS OF AWARDING THE CONTRACT TO ATCHISON & KELLER WAS THAT OAK-ADEC WAS READY AND WILLING TO PERFORM AND THAT SINCE THIS BASIS OF AWARD NO LONGER EXISTS. THIS IS A MATTER OF CONTRACT ADMINISTRATION AND IS THE RESPONSIBILITY OF THE PROCURING AGENCY. WHICH ARE RESERVED FOR DETERMINING WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY.

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B-208557.5, JUL 11, 1983

DIGEST: PROTEST THAT CONTRACTOR HAS BEEN ALLOWED TO SUBSTITUTE SUBCONTRACTOR DURING PERFORMANCE OF CONTRACT IS MATTER OF CONTRACT ADMINISTRATION AND IS THE RESPONSIBILITY OF PROCURING AGENCY RATHER THAN GAO UNDER BID PROTEST PROCEDURES.

HSQ TECHNOLOGY:

HSQ TECHNOLOGY (HSQ) PROTESTS THE ACTION OF THE NAVY IN PERMITTING ATCHISON & KELLER, INC. (ATCHISON & KELLER), UNDER A CONTRACT WITH THE NAVY TO PROVIDE AND INSTALL AN ENERGY MANAGEMENT CONTROL SYSTEM TO TERMINATE ITS ORIGINAL SUBCONTRACTOR, OAK-ADEC, INC. (OAK-ADEC), AND SUBSTITUTE ANOTHER SUBCONTRACTOR.

WE DISMISS THE PROTEST.

HSQ CONTENDS THAT THE NAVY'S BASIS OF AWARDING THE CONTRACT TO ATCHISON & KELLER WAS THAT OAK-ADEC WAS READY AND WILLING TO PERFORM AND THAT SINCE THIS BASIS OF AWARD NO LONGER EXISTS, THE NAVY MUST TERMINATE THE ATCHISON & KELLER CONTRACT.

HSQ'S PROTEST INVOLVES WHETHER ATCHISON & KELLER MAY SUBSTITUTE A SUBCONTRACTOR DURING THE PERFORMANCE OF THE CONTRACT IN ACCORDANCE WITH THE CONTRACT TERMS. THIS IS A MATTER OF CONTRACT ADMINISTRATION AND IS THE RESPONSIBILITY OF THE PROCURING AGENCY. WE DO NOT CONSIDER SUCH MATTERS UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983), WHICH ARE RESERVED FOR DETERMINING WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. ARC COM FABRICS, INC., B-201181, DECEMBER 15, 1980, 80-2 CPD 432.

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