B-209488, NOV 22, 1982

B-209488, NOV 22, 1982

DIGEST: PROTEST THAT AWARDEE IS NOT COMPLYING WITH CERTAIN CONTRACT PROVISIONS IS A MATTER OF CONTRACT ADMINISTRATION NOT FOR RESOLUTION UNDER BID PROTEST PROCEDURES.

BOWERS COMPANIES:

BOWERS COMPANIES (BOWERS) PROTESTS THE AWARD TO AMERICAN AMBULANCE SERVICE UNDER VETERANS ADMINISTRATION INVITATION FOR BIDS (IFB) NO. 600 17 -83 FOR FURNISHING AMBULANCE SERVICES FOR BENEFICIARIES AND IFB NO. 600-19 -83 FOR FURNISHING GUERNEY AND WHEELCHAIR TRANSPORTATION SERVICES FOR BENEFICIARIES. BOWERS CONTENDS THAT THE CONTRACTOR'S VEHICLES DO NOT CONTAIN CALIFORNIA LICENSE PLATES, WHICH IS A VIOLATION OF CALIFORNIA LAW AND OTHER LOCAL ORDINANCES. FURTHER, BOWERS BELIEVES THAT THE CONTRACTOR IS SUBCONTRACTING PART OF THE SERVICE CONTRARY TO THE CONTRACT PROVISIONS. IN VIEW OF THESE ALLEGED VIOLATIONS, BOWERS REQUESTS THAT THE CONTRACT BE CANCELED AND AWARDED TO A FULLY QUALIFIED BIDDER.

WHETHER THE AWARDEE PERFORMS IN ACCORDANCE WITH THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION, WHICH IS THE RESPONSIBILITY OF THE CONTRACTING ACTIVITY. ELLSWORTH STREET ASSOCIATES, B-207292, B-207293, JUNE 2, 1982, 82-1 CPD 528. LITE INDUSTRIES, INC., B-200646, JANUARY 30, 1981, 81-1 CPD 55. IF IT IS DETERMINED THAT THE AWARDEE IS NOT COMPLYING WITH ALL THE COTRACT PROVISIONS, THE CONTRACT MAY BE TERMINATED FOR DEFAULT. HOWEVER, OUR OFFICE DOES NOT REVIEW SUCH MATTERS UNDER OUR BID PROTEST PROCEDURES. MAINLINE CARPET SPECIALISTS, INC., B-192534, MAY 8, 1979, 79-1 CPD 315.

WE DISMISS THE PROTEST.