B-215901, AUG 14, 1984, 84-2 CPD 180
Highlights
CONTRACTS - PROTESTS - SUBCONTRACTOR PROTESTS DIGEST: PROTEST BY SUBCONTRACTOR OF AGENCY DECISION THAT DRAWINGS' SUBMITTED BY SUBCONTRACTOR UNDER PRIME CONTRACT ARE UNACCEPTABLE WILL NOT BE CONSIDERED UNDER GAO BID PROTEST PROCEDURES. THE QUESTION WHETHER A SUBCONTRACTOR MEETS SOLICITATION REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION BETWEEN THE GOVERNMENT AND THE PRIME CONTRACTOR WHICH GAO WILL NOT CONSIDER. ITC IS THE SUBCONTRACTOR FOR THE PROVISION OF ELECTRICAL DISTRIBUTION EQUIPMENT FOR VANDENBERG AIR FORCE BASE. THE PROTESTER STATES THAT IT HAS BEEN INFORMALLY ADVISED THAT ITS DRAWING SUBMITTAL WILL BE REJECTED BY THE CORPS' SACRAMENTO. ITC OBJECTS TO THE CORPS' DECISION ON THE BASIS THAT THE SPECIFICATIONS FOR THE EQUIPMENT WERE "DISCRIMINATORY" TO SMALL BUSINESSES.
B-215901, AUG 14, 1984, 84-2 CPD 180
CONTRACTS - PROTESTS - SUBCONTRACTOR PROTESTS DIGEST: PROTEST BY SUBCONTRACTOR OF AGENCY DECISION THAT DRAWINGS' SUBMITTED BY SUBCONTRACTOR UNDER PRIME CONTRACT ARE UNACCEPTABLE WILL NOT BE CONSIDERED UNDER GAO BID PROTEST PROCEDURES. THE QUESTION WHETHER A SUBCONTRACTOR MEETS SOLICITATION REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION BETWEEN THE GOVERNMENT AND THE PRIME CONTRACTOR WHICH GAO WILL NOT CONSIDER.
ITC INTERNATIONAL - DISTRIBUTION AND CONTROL DIVISION:
ITC INTERNATIONAL - DISTRIBUTION AND CONTROL DIVISION (ITC) PROTESTS THE POSSIBLE REJECTION OF DRAWINGS IT SUBMITTED TO THE CORPS OF ENGINEERS AS A SUBCONTRACTOR UNDER CONTRACT NO. DACA09-84-C-0070. WE DISMISS THE PROTEST.
ITC IS THE SUBCONTRACTOR FOR THE PROVISION OF ELECTRICAL DISTRIBUTION EQUIPMENT FOR VANDENBERG AIR FORCE BASE. HOWEVER, THE PROTESTER STATES THAT IT HAS BEEN INFORMALLY ADVISED THAT ITS DRAWING SUBMITTAL WILL BE REJECTED BY THE CORPS' SACRAMENTO, CALIFORNIA, DISTRICT. ITC OBJECTS TO THE CORPS' DECISION ON THE BASIS THAT THE SPECIFICATIONS FOR THE EQUIPMENT WERE "DISCRIMINATORY" TO SMALL BUSINESSES. THE PROTESTER ALSO STATES THAT THE THREAT OF A REJECTION HAS CAUSED THE PRIME CONTRACTOR TO EXPRESS CONCERN THAT IT WILL HAVE TO CANCEL THE CONTRACT WITH ITC AND PAY HIGHER PRICES TO A LARGE MANUFACTURER.
UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1984), OUR OFFICE CONSIDERS COMPLAINTS CONCERNING THE AWARD OF GOVERNMENT CONTRACTS; WE ALSO CONSIDER PROTESTS CONCERNING THE AWARD OF SUBCONTRACTS IN LIMITED CIRCUMSTANCES. OPTIMUM SYSTEMS, INC., 54 COMP.GEN. 767 (1975), 75-1 CPD PARA. 166. HOWEVER, ITC'S COMPLAINT IS NOT DIRECTED TO THE AWARD OF A SUBCONTRACT. RATHER, IT CONCERNS THE DECISION OF THE CORPS AS TO WHETHER ITC'S DRAWINGS ARE ACCEPTABLE OR UNACCEPTABLE. THE QUESTION WHETHER A SUBCONTRACTOR MEETS SOLICITATION REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION, WHICH MUST BE RESOLVED BY THE GOVERNMENT AND THE PRIME CONTRACTOR. IT IS NOT COGNIZABLE UNDER OUR BID PROTEST PROCEDURES. PRIX ELECTRICAL DISTRIBUTORS, LTD.-- RECONSIDERATION, B-213050.2, OCT. 25, 1983, 83-2 CPD PARA. 500.
ACCORDINGLY, THE PROTEST WILL NOT BE CONSIDERED ON THE MERITS.