B-214221, FEB 24, 1984
Highlights
MATTERS OF CONTRACT ADMINISTRATION ARE NOT WITHIN THE PURVIEW OF GAO BID PROTEST PROCEDURES. THE PROTEST IS DISMISSED. THE SOLICITATION WAS ISSUED FOR BIDS TO SUPPLY WOOD RULERS. AAKRON IS THE CURRENT CONTRACTOR FOR THIS ITEM. AAKRON IS NOT SUPPLYING RULERS WHICH MEET THE CONTRACT SPECIFICATIONS. THAT AAKRON IS NOT PRESENTLY FULFILLING AND WILL NOT FULFILL ITS OBLIGATION TO FURNISH RULERS THAT COMPLY WITH THE SPECIFICATIONS. THAT IS. IT IS THE FUNCTION AND RESPONSIBILITY OF THE PROCURING ACTIVITY TO ADMINISTER THE CONTRACT SO AS TO OBTAIN THE PERFORMANCE IT CONTRACTED FOR AND CONTRACT ADMINISTRATION IS NOT WITHIN THE PURVIEW OF OUR BID PROTEST PROCEDURES.
B-214221, FEB 24, 1984
DIGEST: 1. GAO DOES NOT REVIEW AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES NOT APPLICABLE HERE. 2. MATTERS OF CONTRACT ADMINISTRATION ARE NOT WITHIN THE PURVIEW OF GAO BID PROTEST PROCEDURES.
FALCON RULE CO.:
FALCON RULE CO. (FALCON) PROTESTS AWARD OF A CONTRACT TO AAKRON RULE COMPANY (AAKRON), THE APPARENT LOW BIDDER ON GENERAL SERVICES ADMINISTRATION (GSA) SOLICITATION NO. 2FC-EAI-A-A-1761-S.
THE PROTEST IS DISMISSED.
THE SOLICITATION WAS ISSUED FOR BIDS TO SUPPLY WOOD RULERS. AAKRON IS THE CURRENT CONTRACTOR FOR THIS ITEM. FALCON ALLEGES THAT AAKRON SHOULD NOT BE AWARDED A NEW CONTRACT BECAUSE, UNDER ITS CURRENT CONTRACT, AAKRON IS NOT SUPPLYING RULERS WHICH MEET THE CONTRACT SPECIFICATIONS.
FALCON'S PROTEST, THAT AAKRON IS NOT PRESENTLY FULFILLING AND WILL NOT FULFILL ITS OBLIGATION TO FURNISH RULERS THAT COMPLY WITH THE SPECIFICATIONS, CONCERNS A MATTER OF AAKRON'S RESPONSIBILITY, THAT IS, ITS ABILITY AND INTENTION TO PERFORM THE CONTRACT IN ACCORDANCE WITH ITS TERMS. EQUIPMENT RENEWAL COMPANY, B-211051, MARCH 30, 1983, 83-1 CPD 332. OUR OFFICE DOES NOT REVIEW AFFIRMATIVE DETERMINATIONS OF RESPONSIBILITY ABSENT CIRCUMSTANCES NOT RELEVANT HERE. EQUIPMENT RENEWAL COMPANY, SUPRA. ALSO, IT IS THE FUNCTION AND RESPONSIBILITY OF THE PROCURING ACTIVITY TO ADMINISTER THE CONTRACT SO AS TO OBTAIN THE PERFORMANCE IT CONTRACTED FOR AND CONTRACT ADMINISTRATION IS NOT WITHIN THE PURVIEW OF OUR BID PROTEST PROCEDURES. EQUIPMENT RENEWAL COMPANY, SUPRA.; AMERICAN MEDICAL INSTRUMENT CORPORATION, B-206562, MARCH 15, 1982, 82-1 CPD 245; SPRING HILL PRINTING, B-206529, MARCH 1, 1982, 82-1 CPD 244.