B-213621.2, JAN 12, 1984
Highlights
DIGEST: A CONTRACTOR'S COMPLAINT CONCERNING THE ALLEGEDLY IMPROPER ADMINISTRATION OF ITS CONTRACT IS NOT A MATTER FOR REVIEW UNDER GAO'S BID PROTEST PROCEDURES. THIS OFFICE WILL NOT REVIEW A CONTRACTOR'S PROTEST THAT ITS CONTRACT IS NOT BEING ADMINISTERED PROPERLY. WE DO NOT CONSIDER HOW CONTRACTING OFFICERS ADMINISTER CONTRACTS THAT HAVE BEEN AWARDED. THE CONTRACTOR'S REMEDY IS TO PURSUE THE MATTER UNDER THE CONTRACT'S DISPUTES PROCEDURES AS PROVIDED BY LAW.
B-213621.2, JAN 12, 1984
DIGEST: A CONTRACTOR'S COMPLAINT CONCERNING THE ALLEGEDLY IMPROPER ADMINISTRATION OF ITS CONTRACT IS NOT A MATTER FOR REVIEW UNDER GAO'S BID PROTEST PROCEDURES, BUT INSTEAD SHOULD BE PURSUED UNDER THE CONTRACT'S DISPUTES PROCEDURES.
EMPIRE ELECTRIC COMPANY, INC.:
EMPIRE ELECTRIC COMPANY, INC. REQUESTS AN INVESTIGATION OF THE ADMINISTRATION OF ITS CONTRACT NO. N00189-83-D-0459 WITH THE NAVAL SUPPLY CENTER, NORFOLK, VIRGINIA. EMPIRE CONTENDS THAT THE AGENCY HAS FAILED TO ADMINISTER THE CONTRACT PROPERLY.
THIS OFFICE WILL NOT REVIEW A CONTRACTOR'S PROTEST THAT ITS CONTRACT IS NOT BEING ADMINISTERED PROPERLY. UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983), WE CONSIDER WHETHER AN AWARD, OR PROPOSED AWARD, OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY, AND OTHER LEGAL REQUIREMENTS; WE DO NOT CONSIDER HOW CONTRACTING OFFICERS ADMINISTER CONTRACTS THAT HAVE BEEN AWARDED. SEE DELTA ELEVATOR SERVICE CORPORATION, B-208252, MARCH 23, 1983, 83-1 CPD 299. THE CONTRACTOR'S REMEDY IS TO PURSUE THE MATTER UNDER THE CONTRACT'S DISPUTES PROCEDURES AS PROVIDED BY LAW. SEE 41 U.S.C. SECS. 601-613 (SUPP. IV 1980).
WE DISMISS THE PROTEST.