B-213724, DEC 30, 1983
Highlights
WHETHER SOLICITATION REQUIREMENTS ARE MET DURING PERFORMANCE OF CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT CONSIDER. ASC CONTENDS THAT THE AWARD OF THE CONTRACT TO JAMES MEDICAR WAS IMPROPER BECAUSE JAMES MEDICAR DOES NOT HAVE THE NUMBER OF CARS REQUIRED BY THE SOLICITATION TO PERFORM THE CONTRACT. TO THE EXTENT ASC IS CONTENDING THAT THE CONTRACT SHOULD NOT BE AWARDED TO JAMES MEDICAR BECAUSE OF ITS INABILITY TO COMPLY WITH THE SOLICITATION REQUIREMENTS. IT IS CHALLENGING JAMES MEDICAR'S RESPONSIBILITY. WHETHER A CONTRACTOR COMPLIES WITH ITS OBLIGATIONS UNDER A CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION AND IS NOT FOR RESOLUTION UNDER THE BID PROTEST PROCEDURES.
B-213724, DEC 30, 1983
DIGEST: 1. PROTEST AGAINST AWARDEE'S ABILITY TO COMPLY WITH SOLICITATION REQUIREMENTS CONCERNS MATTER OF RESPONSIBILITY WHICH GAO DOES NOT GENERALLY REVIEW. 2. WHETHER SOLICITATION REQUIREMENTS ARE MET DURING PERFORMANCE OF CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT CONSIDER.
ASC MEDICAR SERVICE, INC.:
ASC MEDICAR SERVICE, INC. (ASC), PROTESTS THE AWARD OF A CONTRACT TO JAMES MEDICAR UNDER SOLICITATION NO. 537-2-84 ISSUED BY VETERANS ADMINISTRATION WESTSIDE MEDICAL CENTER, CHICAGO, ILLINOIS FOR THE SUPPLY OF MEDICARS.
ASC CONTENDS THAT THE AWARD OF THE CONTRACT TO JAMES MEDICAR WAS IMPROPER BECAUSE JAMES MEDICAR DOES NOT HAVE THE NUMBER OF CARS REQUIRED BY THE SOLICITATION TO PERFORM THE CONTRACT.
WE DISMISS THE PROTEST.
TO THE EXTENT ASC IS CONTENDING THAT THE CONTRACT SHOULD NOT BE AWARDED TO JAMES MEDICAR BECAUSE OF ITS INABILITY TO COMPLY WITH THE SOLICITATION REQUIREMENTS, IT IS CHALLENGING JAMES MEDICAR'S RESPONSIBILITY. OUR OFFICE DOES NOT REVIEW PROTESTS ALLEGING THE NONRESPONSIBILITY OF A COMPETITOR, EXCEPT IN CIRCUMSTANCES NOT PRESENT HERE. MUTUAL INDUSTRIES INC., B-210968, JUNE 10, 1983, 83-1 CPD 643.
MOREOVER, WHETHER A CONTRACTOR COMPLIES WITH ITS OBLIGATIONS UNDER A CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION AND IS NOT FOR RESOLUTION UNDER THE BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983). THE PROTEST PROCEDURE IS RESERVED FOR CONSIDERING WHETHER AN AWARD OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS RATHER THAN WITH POSTAWARD PERFORMANCE OR OTHER ADMINISTRATIVE MATTERS. MUTUAL INDUSTRIES INC., SUPRA.