B-215583, JUL 3, 1984, 84-2 CPD 17
Highlights
WILL NOT REVIEW A POTENTIAL SUBCONTRACTOR'S PROTEST OF THE AWARD OF A SUBCONTRACT SINCE THE MATTER INVOLVES CONTRACT ADMINISTRATION. CONTENTION THAT PRIME CONTRACTORS ARE SUPPLYING NONCONFORMING PRODUCTS IS A MATTER OF CONTRACT ADMINISTRATION NOT FOR REVIEW UNDER GAO'S BID PROTEST PROCEDURES. TO THE EXTENT DEVAC IS PROTESTING THAT IT WAS IMPROPERLY DENIED A SUBCONTRACT AWARD FOR THESE ITEMS. WHICH IS A FUNCTION OF CONTRACT ADMINISTRATION THAT WE DO NOT REVIEW UNDER OUR PROTEST PROCEDURES. DEVAC'S PROTEST DOES NOT SUGGEST THAT ANY OF THE LIMITED CIRCUMSTANCES WHICH WOULD WARRANT OUR REVIEW ARE PRESENT HERE. COMPLIANCE OF A PRODUCT WITH SPECIFICATIONS DELIVERED UNDER A CONTRACT IS ALSO A MATTER OF CONTRACT ADMINISTRATION.
B-215583, JUL 3, 1984, 84-2 CPD 17
GENERAL ACCOUNTING OFFICE - JURISDICTION - CONTRACTS - PERFORMANCE - CONTRACT ADMINISTRATION MATTER DIGEST: 1. GAO, EXCEPT IN LIMITED CIRCUMSTANCES, WILL NOT REVIEW A POTENTIAL SUBCONTRACTOR'S PROTEST OF THE AWARD OF A SUBCONTRACT SINCE THE MATTER INVOLVES CONTRACT ADMINISTRATION. GENERAL ACCOUNTING OFFICE - JURISDICTION - CONTRACTS - PERFORMANCE - CONTRACT ADMINISTRATION MATTER 2. CONTENTION THAT PRIME CONTRACTORS ARE SUPPLYING NONCONFORMING PRODUCTS IS A MATTER OF CONTRACT ADMINISTRATION NOT FOR REVIEW UNDER GAO'S BID PROTEST PROCEDURES.
DEVAC-CHAMBERLAIN, INC.:
DEVAC-CHAMBERLAIN, INC. (DEVAC), PROTESTS THE PROPOSED ACCEPTANCE OF NONCOMPLYING MATERIALS UNDER THREE SEPARATE CONTRACTS AWARDED BY THE DEPARTMENT OF THE AIR FORCE. DEVAC, A POTENTIAL SUPPLIER, ARGUES THAT THE PRODUCTS BEING OFFERED BY THE PRIME CONTRACTORS UNDER THESE CONTRACTS DO NOT MEET THE CONTRACT REQUIREMENTS.
TO THE EXTENT DEVAC IS PROTESTING THAT IT WAS IMPROPERLY DENIED A SUBCONTRACT AWARD FOR THESE ITEMS, WE NOTE THAT WE CONSIDER A PROTEST AGAINST A SUBCONTRACT AWARD ONLY IN LIMITED CIRCUMSTANCES. THE GOVERNMENT'S PARTICIPATION IN SUBCONTRACT AWARDS GENERALLY INVOLVES ONLY APPROVAL OF THE PRIME CONTRACTOR'S SELECTION OF A SUBCONTRACTOR, WHICH IS A FUNCTION OF CONTRACT ADMINISTRATION THAT WE DO NOT REVIEW UNDER OUR PROTEST PROCEDURES. WHELEN ENGINEERING COMPANY, INC., B-210732.2, NOV. 10, 1983, 83-2 CPD PARA. 547. DEVAC'S PROTEST DOES NOT SUGGEST THAT ANY OF THE LIMITED CIRCUMSTANCES WHICH WOULD WARRANT OUR REVIEW ARE PRESENT HERE.
MOREOVER, COMPLIANCE OF A PRODUCT WITH SPECIFICATIONS DELIVERED UNDER A CONTRACT IS ALSO A MATTER OF CONTRACT ADMINISTRATION. CONSEQUENTLY, WE ALSO DO NOT CONSIDER, UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.3 (1983), WHETHER DELIVERED GOODS OR EQUIPMENT CONFORM TO CONTRACT SPECIFICATIONS.
WE DISMISS THE PROTEST.