B-189157, JUNE 7, 1977
Highlights
PROTEST AGAINST ISSUANCE OF PROPOSED CONTRACT ON GROUND THAT AWARD OF CONTRACT WILL RESULT IN INTERFERENCE WITH PROTESTER'S PERFORMANCE OF EXISTING CONTRACT IS MATTER OF CONTRACT ADMINISTRATION NOT FOR RESOLUTION UNDER GAO BID PROTEST PROCEDURES. MCDONOUGH IS CURRENTLY A CONSTRUCTION CONTRACTOR AT THE RADFORD ARMY AMMUNITION PLANT. IS ALSO TO BE PERFORMED AT THE SAME WORK SITE. WHICH IS A MATTER OF CONTRACT ADMINISTRATION TO BE RESOLVED UNDER THE PROVISIONS OF MCDONOUGH'S CONTRACT BY THE CONTRACTING AGENCY. THIS MATTER IS INAPPROPRIATE FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES. THE PROTEST IS DISMISSED.
B-189157, JUNE 7, 1977
PROTEST AGAINST ISSUANCE OF PROPOSED CONTRACT ON GROUND THAT AWARD OF CONTRACT WILL RESULT IN INTERFERENCE WITH PROTESTER'S PERFORMANCE OF EXISTING CONTRACT IS MATTER OF CONTRACT ADMINISTRATION NOT FOR RESOLUTION UNDER GAO BID PROTEST PROCEDURES.
MCDONOUGH CONSTRUCTION COMPANY:
BY LETTER DATED MAY 18, 1977, MCDONOUGH CONSTRUCTION COMPANY (MCDONOUGH) PROTESTED THE ISSUANCE OF INVITATION FOR BIDS (IFB) NO. DACA75-77-B-0021, BY THE U.S. ARMY CORPS OF ENGINEERS, NORFOLK DISTRICT, NORFOLK, VIRGINIA.
MCDONOUGH IS CURRENTLY A CONSTRUCTION CONTRACTOR AT THE RADFORD ARMY AMMUNITION PLANT. THE PROPOSED CONTRACT, FOR TNT FUME ABATEMENT, IS ALSO TO BE PERFORMED AT THE SAME WORK SITE. IN ESSENCE, MCDONOUGH ASSERTS THAT PERFORMANCE OF THE NEW CONTRACT WOULD INTERFERE WITH ITS ON-GOING CONTRACT BY CAUSING CHANGES IN WORK SITE CONDITIONS, THEREBY RESULTING IN INCREASED COSTS OF PERFORMANCE. MCDONOUGH REQUESTS EITHER CANCELLATION OR SUBSTANTIAL REVISION OF THE IFB.
UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R.PART 20 (1977), THIS OFFICE CONSIDERS PROTESTS ALLEGING ILLEGAL OR IMPROPER ACTIONS ON THE PART OF PROCUREMENT OFFICIALS IN AWARDING CONTRACTS. THE MATTER RAISED BY MCDONOUGH, HOWEVER, DOES NOT INVOLVE THE QUESTION OF AN ILLEGAL OR IMPROPER AWARD; RATHER, IT RAISES AN ISSUE-- IMPROPER GOVERNMENT INTERFERENCE WITH ITS OWN CONTRACT PERFORMANCE-- WHICH IS A MATTER OF CONTRACT ADMINISTRATION TO BE RESOLVED UNDER THE PROVISIONS OF MCDONOUGH'S CONTRACT BY THE CONTRACTING AGENCY. ACCORDINGLY, THIS MATTER IS INAPPROPRIATE FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES. SEE SMI (WATERTOWN), INC., B-188174, FEBRUARY 8, 1977, 77-1 CPD 98; DYNETERIA, INC., B-186828, JULY 22, 1976, 76-2 CPD 72.
THE PROTEST IS DISMISSED.