B-216020, AUG 22, 1984, 84-2 CPD 214
Highlights
OUR BID PROTEST FUNCTION IS RESERVED FOR CONSIDERING WHETHER THE CONTRACT AWARD PROCESS IN A PARTICULAR PROCUREMENT COMPLIED WITH STATUTORY. GRICOSKI'S ALLEGATION THAT GSA IS RESPONSIBLE FOR INDIRECT COSTS IS OUTSIDE THE SCOPE OF THIS FUNCTION. THE FIRM'S REMEDY IS TO PURSUE THE MATTER UNDER THE CONTRACT'S DISPUTES PROCEDURES AND THE CONTRACT DISPUTES ACT OF 1978.
B-216020, AUG 22, 1984, 84-2 CPD 214
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: CONTRACTOR'S ALLEGATION THAT WHEN EXTENDING THE CONTRACT ANOTHER YEAR, THE CONTRACTING AGENCY MUST FUND THE INDIRECT COSTS OF A GOVERNMENT- MANDATED WAGE RATE INCREASE CONCERNS A MATTER THAT SHOULD BE PURSUED UNDER THE CONTRACT'S DISPUTES PROCEDURES, NOT AT GAO.
GRICOSKI DETECTIVE AGENCY:
THE GRICOSKI DETECTIVE AGENCY PROTESTS THE GENERAL SERVICES ADMINISTRATION'S (GSA) DETERMINATION NOT TO FUND THE INDIRECT COSTS ATTENDANT TO A GOVERNMENT-MANDATED WAGE RATE INCREASE IN CONNECTION WITH EXTENSION OF CONTRACT NO. GS-03C-36227 FOR ARMED GUARD SERVICES.
OUR BID PROTEST FUNCTION IS RESERVED FOR CONSIDERING WHETHER THE CONTRACT AWARD PROCESS IN A PARTICULAR PROCUREMENT COMPLIED WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. SEE 4 C.F.R. PART 21 (1984). GRICOSKI'S ALLEGATION THAT GSA IS RESPONSIBLE FOR INDIRECT COSTS IS OUTSIDE THE SCOPE OF THIS FUNCTION. SEE EMPIRE ELECTRIC COMPANY, INC., B-213621.2, JAN. 12, 1984, 84-1 CPD PARA. 68. THE FIRM'S REMEDY IS TO PURSUE THE MATTER UNDER THE CONTRACT'S DISPUTES PROCEDURES AND THE CONTRACT DISPUTES ACT OF 1978, 41 U.S.C. SEC. 601 613 (1982), WHICH ESTABLISHES PROCEDURES FOR RESOLVING CLAIMS RELATING TO CONTRACTS.
WE DISMISS THE PROTEST.