B-194186, JUN 21, 1979
Highlights
DIGEST: PROTEST THAT AWARDEE WILL NOT BE ABLE TO PROVIDE REQUIRED PARTS BECAUSE IT HAS NEVER BEEN DISTRIBUTOR OF SUCH PARTS IS MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION BY CONTRACTING AGENCY AND. IS DISMISSED. OT&P CONTENDS THAT EUR-PAC IS NOT. WILL NOT BE ABLE TO DELIVER THE REQUIRED WORTHINGTON ROTOR ASSEMBLIES. EUR-PAC DID NOT TAKE EXCEPTION TO THE TERMS OF THE SOLICITATION IN ITS BID AND IS. THE PARTS PROVIDED MEET THE REQUIREMENTS IS GENERALLY A MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION BY THE CONTRACTING AGENCY AND WILL NOT BE CONSIDERED HERE. THE CONTRACT WAS AMENDED TO PROVIDE FOR INSPECTION AND ACCEPTANCE AT ORIGIN. THE PROTEST IS DISMISSED.
B-194186, JUN 21, 1979
DIGEST: PROTEST THAT AWARDEE WILL NOT BE ABLE TO PROVIDE REQUIRED PARTS BECAUSE IT HAS NEVER BEEN DISTRIBUTOR OF SUCH PARTS IS MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION BY CONTRACTING AGENCY AND, THEREFORE, IS DISMISSED.
OHIO TRANSMISSION AND PIPE COMPANY:
OHIO TRANSMISSION AND PIPE COMPANY (OT&P) HAS PROTESTED THE AWARD OF A CONTRACT FOR WORTHINGTON ROTOR ASSEMBLIES TO EUR-PAC CORPORATION (EUR PAC) UNDER INVITATION FOR BIDS (IFB) NO. DLA700-79-R-0141, ISSUED BY THE DEFENSE CONSTRUCTION SUPPLY CENTER, CENTER, COLUMBUS, OHIO (DCSC).
OT&P CONTENDS THAT EUR-PAC IS NOT, AND HAS NEVER BEEN, A DISTRIBUTOR OF WORTHINGTON PARTS AND, THEREFORE, WILL NOT BE ABLE TO DELIVER THE REQUIRED WORTHINGTON ROTOR ASSEMBLIES.
EUR-PAC DID NOT TAKE EXCEPTION TO THE TERMS OF THE SOLICITATION IN ITS BID AND IS, THEREFORE, BOUND TO DELIVER THE REQUIRED WORTHINGTON ROTOR ASSEMBLIES. WHETHER, IN FACT, THE PARTS PROVIDED MEET THE REQUIREMENTS IS GENERALLY A MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION BY THE CONTRACTING AGENCY AND WILL NOT BE CONSIDERED HERE. BORG-WARNER HEALTH PRODUCTS, INC., B-187552, JULY 21, 1977, 77-2 CPD 42; EDWARD E. DAVIS CONTRACTING, INC., B-179719, JANUARY 29, 1979, 79-1 CPD 37.
IN ANY EVENT, BASED ON OT&P'S PROTEST, DCSC REQUIRED EUR-PAC TO IDENTIFY ITS SOURCE FOR THE PARTS. EUR-PAC DID IDENTIFY ITS SOURCE, BUT ASKED THAT IT BE KEPT CONFIDENTIAL. AS ADDITIONAL PROTECTION FOR THE GOVERNMENT, THE CONTRACT WAS AMENDED TO PROVIDE FOR INSPECTION AND ACCEPTANCE AT ORIGIN.
ACCORDINGLY, THE PROTEST IS DISMISSED.