B-199584.2, SEP 5, 1980

B-199584.2, SEP 5, 1980

DIGEST: 1. BID WHICH DOES NOT TAKE EXCEPTION TO SPECIFICATIONS IS NOT RENDERED NONRESPONSIVE BY BIDDER'S ALLEGED INTENT TO NOT COMPLY WITH SPECIFICATIONS. 2. ALLEGATION RAISED AFTER AWARD THAT AWARDEE WILL NOT MEET SPECIFICATIONS INVOLVES MATTER OF CONTRACT ADMINISTRATION WHICH IS NOT CONSIDERED UNDER GAO BID PROTEST PROCEDURES. 3. WHERE IT IS CLEAR FROM A PROTESTER'S INITIAL SUBMISSION THAT THE PROTEST INVOLVES MATTER GAO DOES NOT CONSIDER, GAO WILL DISMISS PROTEST WITHOUT REQUESTING AGENCY REPORT OR PROVIDING OPPORTUNITY FOR CONFERENCE WHICH WOULD SERVE NO USEFUL PURPOSE.

GAVLON INDUSTRIES, INC.:

GAVLON INDUSTRIES, INC. (GAVLON) REQUESTS RECONSIDERATION OF OUR DECISION, GAVLON INDUSTRIES, INC., B-199584, AUGUST 4, 1980, 80-2 CPD , IN WHICH THE PROTESTER CLAIMED THE AWARDEE OF CONTRACT NO. NAS-2 10678, AWARDED BY THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA), PLANNED TO USE A PRODUCT WHICH DID NOT SATISFY THE SPECIFICATIONS. DISMISSED THIS COMPLAINT AS IT INVOLVED AN ISSUE OF CONTRACT ADMINISTRATION, WHICH WE DO NOT CONSIDER UNDER OUR BID PROTEST PROCEDURES.

GAVLON NOW CONTENDS THAT THE AWARDEE'S INTENTION TO USE SUCH A PRODUCT RENDERED ITS BID NONRESPONSIVE. THE RESPONSIVENESS OF A BID CONCERNS WHETHER A BIDDER HAS UNEQUIVOCALLY OFFERED TO PROVIDE THE REQUESTED ITEMS IN CONFORMANCE WITH THE TERMS AND SPECIFICATIONS OF THE INVITATION. BARANELLO AND SONS, 58 COMP.GEN. 509 (1979), 79-1 CPD 322. GAVLON DOES NOT CONTEND, HOWEVER, THAT THE AWARDEE'S BID TOOK ANY EXCEPTION TO THE SPECIFICATION REQUIREMENTS. THUS, THERE IS NO BASIS FOR VIEWING THE AWARDEE'S BID AS NONRESPONSIVE MERELY BECAUSE OF THE AWARDEE'S ALLEGED INTENTION OF NOT COMPLYING WITH THE SPECIFICATIONS. DATA TEST CORP., 54 COMP.GEN. 499 (1974), 74-2 CPD 365; ABBOTT POWER CORP., B-186198, JANUARY 7, 1977, 77-1 CPD 13. AS WE INDICATED IN OUR INITIAL DECISION, SINCE THE CONTRACT HAS BEEN AWARDED, WHETHER THE CONTRACT REQUIREMENTS ARE MET DURING PERFORMANCE IS A MATTER OF CONTRACT ADMINISTRATION WHICH WE WILL NOT CONSIDER. PRECISION ENVIRONMENTS, INC., B-198418, APRIL 29, 1980, 80-1 CPD 306.

GAVLON ALSO COMPLAINS THAT IT HAS BEEN DEPRIVED OF AN OPPORTUNITY FOR A CONFERENCE AND TO COMMENT UPON THE AGENCY'S REPORT PURSUANT TO 4 C.F.R. SEC. 20.3(D) AND 20.7 (1980). NO USEFUL PURPOSE IS SERVED BY HOLDING A CONFERENCE OR REQUIRING AN AGENCY TO SUBMIT A REPORT WHEN IT IS CLEAR FROM THE PROTESTER'S SUBMISSION THAT THE PROTEST INVOLVES A MATTER WHICH WE DO NOT CONSIDER. CONSEQUENTLY, IT HAS BEEN OUR CONSISTENT PRACTICE TO DISMISS SUCH PROTESTS WITHOUT FIRST SEEKING A REPORT OR PROVIDING AN OPPORTUNITY FOR A CONFERENCE. SEE, E.G., BROKEN LANCE ENTERPRISES, INC. - RECONSIDERATION, B-198546, JUNE 19, 1980, 80-1 CPD 433; KENTUCKY BUILDING MAINTENANCE, INC., B-196368, JANUARY 16, 1980, 80-1 CPD 49; UNITED SECURITY, INC., B-194868, B-194870, JUNE 21, 1979, 79-1 CPD 446.