B-216424, OCT 9, 1984, 84-2 CPD 393
Highlights
CONTRACTS - PROTESTS - SUBCONTRACTOR PROTESTS DIGEST: PROTEST AGAINST PRIME CONTRACTOR'S AWARD OF SUBCONTRACT IS DISMISSED SINCE IT CONCERNS CONTRACT ADMINISTRATION. AFFTREX ALLEGES THAT IT WAS DENIED THE OPPORTUNITY TO COMPETE FOR THE SUBCONTRACT DESPITE THE FACT THAT IT HAD INDICATED ITS INTEREST TO ENERGY AND GENERAL ELECTRIC. THE PROTEST IS DISMISSED. OUR OFFICE CONSIDERS PROTESTS CONCERNING THE AWARD OF SUBCONTRACTS BY PRIME CONTRACTORS ONLY IN THE FOLLOWING CIRCUMSTANCES: (1) THE PRIME CONTRACTOR IS ACTING AS THE PURCHASING AGENT OF THE GOVERNMENT. (4) THE SUBCONTRACT AWARD IS "FOR THE GOVERNMENT". AFFTREX'S PROTEST INDICATES ON ITS FACE THAT THE SELECTION OF THE SUBCONTRACTOR WAS GENERAL ELECTRIC'S ACT.
B-216424, OCT 9, 1984, 84-2 CPD 393
CONTRACTS - PROTESTS - SUBCONTRACTOR PROTESTS DIGEST: PROTEST AGAINST PRIME CONTRACTOR'S AWARD OF SUBCONTRACT IS DISMISSED SINCE IT CONCERNS CONTRACT ADMINISTRATION, A FUNCTION OF THE PROCURING AGENCY, AND THE PROTESTER HAS NOT ALLEGED THE EXISTENCE OF ANY OF THE LIMITED CIRCUMSTANCES UNDER WHICH GAO REVIEWS SUBCONTRACT AWARDS.
AFFTREX, LTD.:
AFFTREX, LTD. (AFFTREX), PROTESTS THE AWARD OF A SUBCONTRACT TO N.R. HILBERT AND ASSOCIATES OF GREENFELD CENTER, NEW YORK, BY GENERAL ELECTRIC CORPORATION (GENERAL ELECTRIC), PRIME CONTRACTOR FOR THE DEPARTMENT OF ENERGY (ENERGY) FOR DECOMMISSIONING ENERGY'S SHIPPINGPORT FACILITY. AFFTREX ALLEGES THAT IT WAS DENIED THE OPPORTUNITY TO COMPETE FOR THE SUBCONTRACT DESPITE THE FACT THAT IT HAD INDICATED ITS INTEREST TO ENERGY AND GENERAL ELECTRIC.
THE PROTEST IS DISMISSED.
OUR OFFICE CONSIDERS PROTESTS CONCERNING THE AWARD OF SUBCONTRACTS BY PRIME CONTRACTORS ONLY IN THE FOLLOWING CIRCUMSTANCES: (1) THE PRIME CONTRACTOR IS ACTING AS THE PURCHASING AGENT OF THE GOVERNMENT; (2) THE GOVERNMENT'S ACTIVE OR DIRECT PARTICIPATION IN SELECTING THE SUBCONTRACTOR EFFECTIVELY CAUSED THE REJECTION OR SELECTION OF POTENTIAL SUBCONTRACTORS OR SIGNIFICANTLY LIMITED SUBCONTRACTOR SOURCES; (3) THE PROTESTER SHOWS FRAUD OR BAD FAITH IN THE GOVERNMENT'S APPROVAL OF A SUBCONTRACT AWARD; (4) THE SUBCONTRACT AWARD IS "FOR THE GOVERNMENT"; OR (5) A FEDERAL AGENCY ENTITLED TO AN ADVANCE DECISION REQUESTS IT. OPTIMUM SYSTEMS, INC., 54 COMG.GEN. 767 (1975), 75-1 CPD PARA. 166.
AFFTREX'S PROTEST INDICATES ON ITS FACE THAT THE SELECTION OF THE SUBCONTRACTOR WAS GENERAL ELECTRIC'S ACT. SINCE NEITHER FRAUD NOR BAD FAITH ON THE PART OF ENERGY IS ALLEGED OR SHOWN, REVIEW OF THE SUBCONTRACT AWARD WOULD RESULT IN OUR OFFICE BECOMING INVOLVED IN CONTRACT ADMINISTRATION CONTRARY TO OUR BID PROTEST PROCEDURES. SEE 4 C.F.R. SEC. 21.3(G) (1984); SYBRON CORPORATION, B-207181, MAY 20, 1982, 82-1 CPD PARA. 483.
THE PROTEST THEREFORE IS DISMISSED.