B-217581, JAN 25, 1985, 85-1 CPD 105
Highlights
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: PROTEST CONCERNING CONTRACT MODIFICATION OF FIRM'S MAXIMUM ORDER LIMITATION UNDER FEDERAL SUPPLY SCHEDULE IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT CONSIDER. THE ORDER WAS PLACED UNDER THE GENERAL SERVICES ADMINISTRATION (GSA) FEDERAL SUPPLY SCHEDULE (FSS). THE COST OF THE SSA ORDER IS APPROXIMATELY $90. THE ORDER WAS PLACED WITH ACME WHICH HAS AN MOL UNDER ITS CONTRACT OF $150. ACME PROPERLY WAS AWARDED THIS CONTRACT. 000 DURING THE CONTRACT PERIOD WAS IMPROPER IS A MATTER OF CONTRACT ADMINISTRATION. WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY.
B-217581, JAN 25, 1985, 85-1 CPD 105
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: PROTEST CONCERNING CONTRACT MODIFICATION OF FIRM'S MAXIMUM ORDER LIMITATION UNDER FEDERAL SUPPLY SCHEDULE IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT CONSIDER.
DATASTRIP CORPORATION:
DATASTRIP CORPORATION (DATASTRIP) PROTESTS THE AWARD OF AN ORDER FOR DESK TOP INDEXES TO ACME VISIBLE (ACME) BY THE SOCIAL SECURITY ADMINISTRATION (SSA).
THE ORDER WAS PLACED UNDER THE GENERAL SERVICES ADMINISTRATION (GSA) FEDERAL SUPPLY SCHEDULE (FSS). THE COST OF THE SSA ORDER IS APPROXIMATELY $90,000. ACCORDING TO DATASTRIP, GSA AWARDED IT AN FSS CONTRACT FOR DESK TOP INDEXES WITH A MAXIMUM ORDER LIMITATION (MOL) OF $500,000. GSA SUBSEQUENTLY ISSUED A MODIFICATION TO THE CONTRACT WITH DATASTRIP REDUCING ITS MOL FROM $500,000 TO $50,000. SINCE THE SSA ORDER EXCEEDED THE $50,000 MOL UNDER DATASTRIP'S FSS CONTRACT, THE ORDER WAS PLACED WITH ACME WHICH HAS AN MOL UNDER ITS CONTRACT OF $150,000.
DATASTRIP CONCEDES THAT UNDER THE EXISTING MOL'S UNDER THE FSS FOR THESE ITEMS, ACME PROPERLY WAS AWARDED THIS CONTRACT. DATASTRIP'S CONTENTION THAT THE CONTRACT MODIFICATION REDUCING ITS THRESHOLD FROM $500,000 TO $50,000 DURING THE CONTRACT PERIOD WAS IMPROPER IS A MATTER OF CONTRACT ADMINISTRATION, WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY. AMERICAN MUTUAL PROTECTIVE BUREAU, B-213875, DEC. 29, 1983, 84-1 CPD PARA. 40.
WE DISMISS THE PROTEST.