B-191848, MAY 19, 1978

B-191848: May 19, 1978

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ASHE IS PROTESTING THE NOTICES IT HAS RECEIVED CONCERNING UNSATISFACTORY PERFORMANCE UNDER THE CONTRACT AS WELL AS NOTICE THAT FAILURE TO BRING PERFORMANCE UP TO A SATISFACTORY LEVEL WOULD RESULT IN TERMINATION FOR DEFAULT IN ACCORDANCE WITH THE "DEFAULT" CLAUSE IN THE CONTRACT. THE CONTRACTOR'S PERFORMANCE OR FAILURE TO PERFORM ACCORDING TO THE CONTRACT SPECIFICATIONS AND THE ARMY'S RESPONSE THERETO ARE MATTERS OF CONTRACT ADMINISTRATION PROPERLY FOR RESOLUTION BY THE CONTRACTING PARTIES. THEY 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.

B-191848, MAY 19, 1978

PROTEST CONCERNING CONTRACTOR'S ALLEGED FAILURE TO COMPLY WITH CONTRACT SPECIFICATIONS AND AGENCY'S RESPONSE THERETO INVOLVE MATTERS OF CONTRACT ADMINISTRATION FOR RESOLUTION BY THE CONTRACTING PARTIES, NOT GAO.

C.G. ASHE ENTERPRISES, INC.:

C.G. ASHE ENTERPRISES, INC. (ASHE) HAS RAISED CERTAIN MATTERS CONCERNING PERFORMANCE BY IT ON CONTRACT NO. DAKF40-78-D-0008 AWARDED FOR CUSTODIAL SERVICES AT FORT BRAGG, NORTH CAROLINA.

ESSENTIALLY, ASHE IS PROTESTING THE NOTICES IT HAS RECEIVED CONCERNING UNSATISFACTORY PERFORMANCE UNDER THE CONTRACT AS WELL AS NOTICE THAT FAILURE TO BRING PERFORMANCE UP TO A SATISFACTORY LEVEL WOULD RESULT IN TERMINATION FOR DEFAULT IN ACCORDANCE WITH THE "DEFAULT" CLAUSE IN THE CONTRACT. ASHE ATTEMPTED, IN ITS LETTER TO THIS OFFICE, TO EXPLAIN OR REFUTE THE VARIOUS ALLEGATIONS OF POOR PERFORMANCE.

WE MUST DECLINE TO CONSIDER THE MERITS OF THE PROTESTER'S CONTENTIONS CONCERNING THIS CONTRACT. THE CONTRACTOR'S PERFORMANCE OR FAILURE TO PERFORM ACCORDING TO THE CONTRACT SPECIFICATIONS AND THE ARMY'S RESPONSE THERETO ARE MATTERS OF CONTRACT ADMINISTRATION PROPERLY FOR RESOLUTION BY THE CONTRACTING PARTIES. PEEPLES-NEWMAN, INC., B-186730, JULY 9, 1976, 76-2 CPD 30. BECAUSE THE MATTERS RAISED CONCERN CONTRACT ADMINISTRATION, THEY 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 OR OTHER LEGAL REQUIREMENTS. 4 C.F.R. PART 20 (1977); COLOR GUARD CORPORATION, B-189893, OCTOBER 4, 1977, 77-2 CPD 264; FECHHEIMER BROTHERS COMPANY, B-188651, SEPTEMBER 21, 1977, 77-2 CPD 210; HARDING POLLUTION CONTROLS CORPORATION, B-182899, FEBRUARY 6, 1976, 76-1 CPD 77.