B-213050, SEP 30, 1983
Highlights
DIGEST: PROTEST BY SUBCONTRACTOR OF AGENCY DECISION THAT MATERIALS TO BE SUPPLIED BY SUBCONTRACTOR UNDER PRIME CONTRACT ARE UNACCEPTABLE WILL NOT BE CONSIDERED UNDER GAO BID PROTEST PROCEDURES. SUBSEQUENTLY IT WAS INFORMED THAT THE PROPOSED MATERIALS WERE REJECTED BY THE AIR FORCE AND THAT PALMER WAS CANCELING ITS ORDER. LE PRIX OBJECTS TO THE AIR FORCE'S DECISION ON THE BASIS THAT THE SPECIFICATIONS FOR THE MATERIALS WERE "TREMENDOUSLY AMBIGUOUS.". WE UNDERSTAND LE PRIX TO MEAN THAT THE GOVERNMENT'S SPECIFICATIONS WERE SO BROADLY WRITTEN THAT THE MATERIALS LE PRIX PROPOSED TO SUPPLY SHOULD HAVE BEEN ACCEPTABLE. LE PRIX'S COMPLAINT IS NOT DIRECTED TO THE AWARD OF A SUBCONTRACT. IT CONCERNS THE DECISION OF THE GOVERNMENT THAT LE PRIX'S MATERIALS ARE UNACCEPTABLE.
B-213050, SEP 30, 1983
DIGEST: PROTEST BY SUBCONTRACTOR OF AGENCY DECISION THAT MATERIALS TO BE SUPPLIED BY SUBCONTRACTOR UNDER PRIME CONTRACT ARE UNACCEPTABLE WILL NOT BE CONSIDERED UNDER GAO BID PROTEST PROCEDURES.
LE PRIX ELECTRICAL DISTRIBUTORS, LTD.:
LE PRIX ELECTRICAL DISTRIBUTORS, LTD. PROTESTS THE REJECTION BY THE DEPARTMENT OF THE AIR FORCE, HOMESTEAD AIR FORCE BASE, OF MATERIALS IT PROPOSED TO SUPPLY AS A SUBCONTRACTOR TO PALMER ELECTRIC COMPANY, THE PRIME CONTRACTOR UNDER CONTRACT NO. F08621-83-C0027.
ACCORDING TO LE PRIX, IT RECEIVED A PURCHASE ORDER FROM PALMER FOR THE MATERIALS REQUIRED UNDER THIS CONTRACT. SUBSEQUENTLY IT WAS INFORMED THAT THE PROPOSED MATERIALS WERE REJECTED BY THE AIR FORCE AND THAT PALMER WAS CANCELING ITS ORDER. LE PRIX OBJECTS TO THE AIR FORCE'S DECISION ON THE BASIS THAT THE SPECIFICATIONS FOR THE MATERIALS WERE "TREMENDOUSLY AMBIGUOUS." BY THIS, WE UNDERSTAND LE PRIX TO MEAN THAT THE GOVERNMENT'S SPECIFICATIONS WERE SO BROADLY WRITTEN THAT THE MATERIALS LE PRIX PROPOSED TO SUPPLY SHOULD HAVE BEEN ACCEPTABLE. LE PRIX ALSO MAINTAINS THAT ITS LOW MATERIAL PRICES MADE IT POSSIBLE FOR PALMER TO BID UPON AND BE AWARDED THE CONTRACT FOR HALF THE PRICE THE AIR FORCE HAD ESTIMATED.
UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983), WE CONSIDER COMPLAINTS CONCERNING THE AWARD OF GOVERNMENT CONTRACTS. THIS OFFICE ALSO CONSIDERS PROTESTS CONCERNING THE AWARD OF SUBCONTRACTS IN LIMITED CIRCUMSTANCES. OPTIMUM SYSTEMS, INC., 54 COMP.GEN. 767 (1975), 75-1 CPD 166. HOWEVER, LE PRIX'S COMPLAINT IS NOT DIRECTED TO THE AWARD OF A SUBCONTRACT. RATHER, IT CONCERNS THE DECISION OF THE GOVERNMENT THAT LE PRIX'S MATERIALS ARE UNACCEPTABLE. THIS IS A MATTER OF CONTRACT ADMINISTRATION BETWEEN THE GOVERNMENT AND THE PRIME CONTRACTOR WHICH IS NOT COGNIZABLE UNDER THE BID PROTEST PROCEDURES. EMPIRE GENERATOR CORPORATION, B-212298, JULY 21, 1983, 83-2 CPD 114.
ACCORDINGLY, THE PROTEST WILL NOT BE CONSIDERED ON THE MERITS.