B-221170.6, MAR 17, 1986, 86-1 CPD 261
Highlights
PROTESTS THAT THE VA IS ALLOWING SYSTEMS. THE LOW OFFEROR TO WHOM AWARD WAS MADE. BECAUSE SYSTEMS' EQUIPMENT IS NOT IN COMPLIANCE WITH THE CONTRACT REQUIREMENTS. IS ALLOWING SYSTEMS TO SUBSTITUTE EQUIPMENT UNDER THE CONTRACT. THE ADMINISTRATION OF THE CONTRACT IS WITHIN THE DISCRETION OF THE CONTRACTING AGENCY AND IS NOT ENCOMPASSED BY OUR BID PROTEST FUNCTION. 4 C.F.R.
B-221170.6, MAR 17, 1986, 86-1 CPD 261
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: WHETHER CONTRACTING AGENCY PROPERLY PERMITTED CONTRACTOR TO SUBSTITUTE EQUIPMENT UNDER CONTRACT RELATES TO CONTRACT ADMINISTRATION NOT ENCOMPASSED BY GAO BID PROTEST FUNCTION.
MICRO RESEARCH, INC.:
MICRO RESEARCH, INC. (MICRO), THE SECOND LOW OFFEROR FOR A PROCUREMENT BY THE VETERANS ADMINISTRATION (VA) FOR "DOT MATRIX PRINTERS" UNDER REQUEST FOR PROPOSALS (RFP) 101-21-85, PROTESTS THAT THE VA IS ALLOWING SYSTEMS, TERMINALS, AND COMMUNICATIONS CORP. (SYSTEMS), THE LOW OFFEROR TO WHOM AWARD WAS MADE, TO SUBSTITUTE UNDER THE CONTRACT THE PRINTER OFFERED UNDER THE RFP.
WE DISMISS THE PROTEST.
ACCORDING TO MICRO, VA HAS CONDUCTED COMPLIANCE TESTING OF SYSTEMS' EQUIPMENT UNDER THE CONTRACT AND, BECAUSE SYSTEMS' EQUIPMENT IS NOT IN COMPLIANCE WITH THE CONTRACT REQUIREMENTS, IS ALLOWING SYSTEMS TO SUBSTITUTE EQUIPMENT UNDER THE CONTRACT. MICRO STATES THAT, BECAUSE SYSTEMS ALLEGEDLY MISREPRESENTED THE COMPLIANCE OF SYSTEMS' EQUIPMENT IN ITS OFFER, SYSTEMS' CONTRACT SHOULD BE SET ASIDE. HOWEVER, THE ADMINISTRATION OF THE CONTRACT IS WITHIN THE DISCRETION OF THE CONTRACTING AGENCY AND IS NOT ENCOMPASSED BY OUR BID PROTEST FUNCTION. 4 C.F.R. SEC. 21.3(F)(1) (1985); NICOLET BIOMEDICAL INSTRUMENTS, B-219234, AUG. 28, 1985, 85-2 CPD PARA. 239.