B-225441.2, NOV 19, 1986, 86-2 CPD 593

B-225441.2, NOV 19, 1986, 86-2 CPD 593

PROCUREMENT - CONTRACT MANAGEMENT - CONTRACT ADMINISTRATION - SUBCONTRACTS - GAO REVIEW DIGEST: GENERAL ACCOUNTING OFFICE (GAO) WILL NOT REVIEW A PROPOSED AWARD BY A SECOND-TIER SUBCONTRACTOR BECAUSE THE AWARD IS NOT BY OR FOR THE GOVERNMENT AS IS NECESSARY FOR GAO TO REVIEW SUBCONTRACTOR PROTESTS.

SYGNETRON PROTECTION SYSTEMS, INC.:

SYGNETRON PROTECTION SYSTEMS, INC. PROTESTS A PROPOSED CONTRACT AWARD UNDER SOLICITATION NO. LG-19005, ISSUED BY LOCKWOOD GREENE, DESCRIBED BY THE PROTESTER AS A SUBCONTRACTOR OF E.I. DU POINT DENEMOURS & COMPANY OPERATING THE SAVANNAH RIVER NUCLEAR FACILITY ON BEHALF OF THE DEPARTMENT OF ENERGY (DOE). SYGNETRON CONTENDS THAT IT WAS UNFAIRLY EXCLUDED FROM THE BIDDERS' LIST.

UNDER OUR BID PROTEST REGULATIONS, WE WILL NOT REVIEW SUBCONTRACT AWARDS EXCEPT WHERE THE AWARD OF THE SUBCONTRACT IS BY OR FOR THE GOVERNMENT. C.F.R. SEC. 21.3(F)(10) (1986). WE CONSIDER CONTRACTORS THAT MANAGE AND OPERATE DOE FACILITIES AS ACTING FOR THE GOVERNMENT. SEE ROSEMOUNT, INC., B-218121, MAY 16, 1985, 85-1 CPD PARA. 556. THE DOE OPERATIONS AND MANAGEMENT PRIME CONTRACTOR PROVIDES LARGE SCALE MANAGEMENT SERVICES TO THE GOVERNMENT, AND, AS A RESULT, GENERALLY HAS ONGOING PURCHASING RESPONSIBILITY. SINCE THE PRIME CONTRACTOR EFFECTIVELY ACTS AS A MIDDLEMAN OR CONDUIT BETWEEN THE GOVERNMENT AND SUBCONTRACTORS, THE CONTRACTS ISSUED BY THE PRIME CONTRACTOR ARE SAID TO BE FOR THE GOVERNMENT. OCEAN ENTERS., LTD., B-221851, MAY 22, 1986, 65 COMP.GEN. ***, 86-1 CPD PARA. 479. THE PRIME'S SUBCONTRACTORS, HOWEVER, ARE NOT, IN EFFECT, PURCHASING AGENTS FOR THE GOVERNMENT, AND THEREFORE THEIR PROCUREMENTS ARE NOT FOR THE GOVERNMENT. SINCE LOCKWOOD GREENE IS A SUBCONTRACTOR OF THE PRIME MANAGEMENT CONTRACTOR, WE WILL NOT REVIEW A PROCUREMENT CONDUCTED BY LOCKWOOD GREENE.

THE PROTEST IS DISMISSED.