B-207052, APR 28, 1982

B-207052: Apr 28, 1982

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DIGEST: AN ALLEGATION THAT A CONTRACTOR WILL NOT PERFORM IN ACCORDANCE WITH THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION AND NOT FOR RESOLUTION UNDER GAO BID PROTEST PROCEDURES. WHETHER AN AWARDEE PERFORMS IN ACCORDANCE WITH CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION. WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE PROCURING ACTIVITY. IF IT IS DETERMINED THAT THE AWARDEE IS NOT MEETING THE SPECIFICATIONS. THE PROTEST IS DISMISSED.

B-207052, APR 28, 1982

DIGEST: AN ALLEGATION THAT A CONTRACTOR WILL NOT PERFORM IN ACCORDANCE WITH THE CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION AND NOT FOR RESOLUTION UNDER GAO BID PROTEST PROCEDURES.

MCQUEENY-CAIN COMPANY:

MCQUEENY-CAIN COMPANY PROTESTS THE AWARD OF A CONTRACT UNDER SOLICITATION NO. DABT 19-81-B-0043 ISSUED BY THE DEPARTMENT OF THE ARMY TO REPLACE PLUMBING, HEATING AND WINDOW SCREENS IN BUILDINGS AT FORT LEAVENWORTH, KANSAS. MCQUEENY CONTENDS THAT THE CONTRACTOR PLANS TO USE PLUMBING FIXTURES WHICH DO NOT SATISFY THE CONTRACT SPECIFICATIONS AND CONDITIONS.

WHETHER AN AWARDEE PERFORMS IN ACCORDANCE WITH CONTRACT REQUIREMENTS IS A MATTER OF CONTRACT ADMINISTRATION, WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE PROCURING ACTIVITY. GAVLON INDUSTRIES, INC., B-199584, AUGUST 4, 1980, 80-2 CPD 86. THUS, IF IT IS DETERMINED THAT THE AWARDEE IS NOT MEETING THE SPECIFICATIONS, THE CONTRACT MAY BE TERMINATED FOR DEFAULT. HOWEVER, OUR OFFICE DOES NOT REVIEW SUCH MATTERS UNDER OUR BID PROTEST PROCEDURES. MAINLINE CARPET SPECIALISTS, INC., B-192534, MAY 8, 1979, 79-1 CPD 315.

THE PROTEST IS DISMISSED.