B-172531, MAR 5, 1976

B-172531, MAR 5, 1976

ALLEGATIONS OF UNSATISFACTORY CONTRACT ADMINISTRATION INCLUDING FAILURE TO FOLLOW DISPUTES CLAUSE, IMPROPER WITHHOLDING OF FUNDS FROM CONTRACTOR, AND DENIAL OF REQUEST FOR CONSTRUCTIVE CHANGES WILL NOT BE CONSIDERED BY OUR OFFICE SINCE ALLEGATIONS INVOLVE MATTERS OF CONTRACT ADMINISTRATION WHICH IS FUNCTION AND RESPONSIBILITY OF CONTRACTING AGENCY AND NOT FOR RESOLUTION UNDER BID PROTEST PROCEDURES.

MUSTANG INDUSTRIAL CLEANERS:

BY TELEGRAM DATED FEBRUARY 4, 1976, MUSTANG INDUSTRIAL CLEANERS (MUSTANG) ALLEGES UNSATISFACTORY ADMINISTRATION OF CONTRACT NO. N62467 75-C-2757, AWARDED BY THE DEPARTMENT OF THE NAVY, NAVAL FACILITIES ENGINEERING COMMAND.

MUSTANG'S ALLEGATIONS INCLUDE FAILURE TO PROPERLY FOLLOW THE DISPUTES CLAUSE OF THE CONTRACT, THE IMPROPER WITHHOLDING OF FUNDS, AND DENIAL OF REQUESTS FOR CONSTRUCTIVE CHANGES. THESE MATTERS PERTAIN TO CONTRACT ADMINISTRATION WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY. MATTERS OF CONTRACT ADMINISTRATION ARE NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD, OR PROPOSED AWARD, OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. SEE INTER ALLOYS CORPORATION, B-182890, FEBRUARY 4, 1975, 75-1 CPD 79.

IN VIEW OF THE FOREGOING, WE WILL NOT CONSIDER THE ALLEGATIONS ON THE MERITS.