B-206529, MAR 15, 1982
Highlights
DIGEST: PROTEST THAT A CONTRACTOR IS NOT PERFORMING IN ACCORDANCE WITH THE TERMS OF ITS CONTRACT IS MATTER OF CONTRACT ADMINISTRATION FOR REVIEW BY THE PROCURING AGENCY. IT IS WELL RECOGNIZED THAT QUESTIONS CONCERNING A CONTRACTOR'S COMPLIANCE WITH THE TERMS OF A CONTRACT ARE MATTERS OF CONTRACT ADMINISTRATION FOR CONSIDERATION BY THE PROCURING AGENCY. THE PROTEST IS DISMISSED.
B-206529, MAR 15, 1982
DIGEST: PROTEST THAT A CONTRACTOR IS NOT PERFORMING IN ACCORDANCE WITH THE TERMS OF ITS CONTRACT IS MATTER OF CONTRACT ADMINISTRATION FOR REVIEW BY THE PROCURING AGENCY, NOT OUR OFFICE.
SPRINGHILL PRINTING:
SPRINGHILL PRINTING PROTESTS THE AWARD OF A CONTRACT TO ANCHOR BUSINESS FORMS, INC. UNDER INVITATION FOR BIDS (IFB) NO. 3-351389, ISSUED BY THE LEWIS RESEARCH CENTER, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION (NASA), FOR A QUANTITY OF NEW MAGNETIC TAPE. SPRINGHILL BELIEVES THAT ANCHOR HAS SUPPLIED RECERTIFIED TAPE INSTEAD OF NEW TAPE FROM THE MANUFACTURER INDICATED IN ITS BID AND CONTENDS THAT ANCHOR SHOULD THEREFORE BE FOUND IN DEFAULT ON ITS CONTRACT. WE DISMISS THE PROTEST.
THE CONTENTIONS ADVANCED BY SPRINGHILL RELATE EXCLUSIVELY TO ANCHOR'S PERFORMANCE UNDER ITS CONTRACT WITH NASA. IT IS WELL RECOGNIZED THAT QUESTIONS CONCERNING A CONTRACTOR'S COMPLIANCE WITH THE TERMS OF A CONTRACT ARE MATTERS OF CONTRACT ADMINISTRATION FOR CONSIDERATION BY THE PROCURING AGENCY, NOT OUR OFFICE. SUCH MATTERS DO NOT AFFECT THE VALIDITY OF THE ORIGINAL AWARD. SEE DELTA SYSTEMS CONSULTANTS, INC. - RECONSIDERATION, B-201166.2, JULY 31, 1981, 81-2 CPD 72; SPRAYFOAM SOUTHWEST, INC., B-201071, JULY 16, 1981, 81-2 CPD 41.
THE PROTEST IS DISMISSED.