B-213864, FEB 2, 1984
Highlights
WHETHER SPECIFICATION REQUIREMENTS ARE MET DURING PERFORMANCE OF CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT CONSIDER. 2. BIDDER'S ABILITY TO PERFORM CONTRACT ACCORDING TO SPECIFICATIONS IS A MATTER OF RESPONSIBILITY AND GAO DOES NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES NOT APPLICABLE HERE. MOSLER CONTENDS THAT IT IS THE ONLY COMPANY THAT CURRENTLY PRODUCES HAND-CHANGE COMBINATION LOCKS MEETING THE APPLICABLE SPECIFICATIONS FOR CLASS 6 UNINSULATED SECURITY FILING CABINETS. TO THE EXTENT MOSLER CONTENDS THAT ART METAL IS NOT CAPABLE OF SUPPLYING A CONFORMING PRODUCT UNDER ITS CURRENT CONTRACT. ART METAL'S COMPLIANCE WITH ITS OBLIGATIONS UNDER THE PROVISIONS OF ITS CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION AND IS NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES.
B-213864, FEB 2, 1984
DIGEST: 1. WHETHER SPECIFICATION REQUIREMENTS ARE MET DURING PERFORMANCE OF CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT CONSIDER. 2. BIDDER'S ABILITY TO PERFORM CONTRACT ACCORDING TO SPECIFICATIONS IS A MATTER OF RESPONSIBILITY AND GAO DOES NOT REVIEW A CONTRACTING OFFICER'S AFFIRMATIVE DETERMINATION OF RESPONSIBILITY EXCEPT IN LIMITED CIRCUMSTANCES NOT APPLICABLE HERE.
MOSLER SAFE COMPANY:
MOSLER SAFE COMPANY (MOSLER) PROTESTS THE AWARD TO ART METAL USA, INC. (ART METAL), OF ANY EXTENSION OF CONTRACT NO. GS-00S-58102 (A MULTIPLE- AWARD FEDERAL SUPPLY SCHEDULE CONTRACT) AND THE AWARD OF A CONTRACT TO ANY FIRM OTHER THAN MOSLER UNDER SOLICITATION NO. YNP-CL 1336-N-2-23-83 ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA). MOSLER CONTENDS THAT IT IS THE ONLY COMPANY THAT CURRENTLY PRODUCES HAND-CHANGE COMBINATION LOCKS MEETING THE APPLICABLE SPECIFICATIONS FOR CLASS 6 UNINSULATED SECURITY FILING CABINETS. MOSLER CONTENDS THAT GSA HAS REVERSED ITS 1977-78 DETERMINATION THAT ART METAL COULD NOT MEET REQUIREMENTS FOR SECURITY FILING CABINETS WITH HAND-CHANGE LOCKS, DESPITE CONFIRMING THAT NOTHING HAS CHANGED WITH RESPECT TO THE AVAILABILITY OF THESE LOCKS SINCE THAT TIME. UNDER THESE CIRCUMSTANCES, THE EXTENSION OF CONTRACT -58102 AND THE AWARD TO ANY COMPANY OTHER THAN MOSLER OF ANY CONTRACTS UNDER THE SOLICITATION WOULD BE ARBITRARY AND CAPRICIOUS TO THE EXTENT THEY INVOLVE SECURITY FILING CABINETS WITH HAND-CHANGE COMBINATION LOCKS.
TO THE EXTENT MOSLER CONTENDS THAT ART METAL IS NOT CAPABLE OF SUPPLYING A CONFORMING PRODUCT UNDER ITS CURRENT CONTRACT, ART METAL'S COMPLIANCE WITH ITS OBLIGATIONS UNDER THE PROVISIONS OF ITS CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION AND IS NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983). SEE HUNT MANUFACTURING CO., B-211563, MAY 20, 1983, 83-1 CPD 544; GULF SYSTEMS INC., B-210080, JANUARY 6, 1983, 83-1 CPD 12.
TO THE EXTENT THAT MOSLER CONTENDS THAT A CONTRACT SHOULD NOT BE AWARDED TO ART METAL OR ANY COMPANY OTHER THAN MOSLER BECAUSE OF ANY OTHER COMPANY'S INABILITY TO COMPLY WITH THE SPECIFICATION REQUIREMENTS, IT IS RAISING A QUESTION OF RESPONSIBILITY, THAT IS, THE ABILITY OF A FIRM TO PERFORM A CONTRACT ACCORDING TO THE SPECIFICATIONS. THE CONTRACTING OFFICER MUST DETERMINE THAT A PROSPECTIVE CONTRACTOR IS RESPONSIBLE BEFORE AWARDING A CONTRACT TO ANY COMPANY, AND OUR OFFICE DOES NOT REVIEW AN AFFIRMATIVE DETERMINATION OF RESPONSIBILITY ABSENT A SHOWING THAT THE CONTRACTING OFFICER ACTED FRAUDULENTLY OR IN BAD FAITH, OR THAT DEFINITIVE RESPONSIBILITY CRITERIA IN THE SOLICITATION HAVE NOT BEEN MET. SEE SARGENT GREENLEAF, INC., B-212701, OCTOBER 20, 1983, 83-2 CPD 470, AND CASES CITED. NEITHER EXCEPTION IS APPLICABLE HERE.
THE PROTEST IS DISMISSED.