B-218043, JAN 28, 1985, 85-1 CPD 112
Highlights
ON THE GROUND THAT MATERIALS ARE NOT IN ACCORDANCE WITH SOLICITATION SPECIFICATIONS IS SUMMARILY DISMISSED SINCE IT CONCERNS CONTRACT ADMINISTRATION. WSC CONTENDS THAT THE MATERIALS ARE NOT IN ACCORDANCE WITH THE SOLICITATION SPECIFICATIONS OF THE CONTRACT. THE AIR FORCE HAS ADVISED US THAT BIDS WERE OPENED ON SEPTEMBER 11. AWARD WAS MADE ON SEPTEMBER 26. THE AIR FORCE ALSO ADVISES THAT MATERIALS WERE NOT REQUIRED TO BE SUBMITTED WITH THE BIDS UNDER THE SOLICITATION. THEREFORE APPEARS THAT THE PROTEST IS DIRECTED AT APPROVAL OF THE MATERIALS DURING THE COURSE OF CONTRACT ADMINISTRATION. WE SUMMARILY DISMISS PROTESTS CONCERNING THE ADMINISTRATION OF AN EXISTING CONTRACT WITHOUT CONSIDERATION OF THE MERITS SINCE SUCH ADMINISTRATION (IN THIS CASE APPROVAL OF MATERIALS SUBMITTED) IS WITHIN THE DISCRETION OF THE CONTRACTING AGENCY.
B-218043, JAN 28, 1985, 85-1 CPD 112
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOR FOR RESOLUTION BY GAO DIGEST: PROTEST AGAINST AGENCY APPROVAL OF MATERIALS SUBMITTED, AFTER AWARD OF CONTRACT AND START OF PERFORMANCE, ON THE GROUND THAT MATERIALS ARE NOT IN ACCORDANCE WITH SOLICITATION SPECIFICATIONS IS SUMMARILY DISMISSED SINCE IT CONCERNS CONTRACT ADMINISTRATION.
WINDOW SUPPLY CO.:
WINDOW SUPPLY CO. (WSC) PROTESTS THE AIR FORCE'S APPROVAL OF MATERIALS SUBMITTED UNDER CONTRACT NO. F02600-84-C-0023 AT WILLIAMS AIR FORCE BASE, ARIZONA. WSC CONTENDS THAT THE MATERIALS ARE NOT IN ACCORDANCE WITH THE SOLICITATION SPECIFICATIONS OF THE CONTRACT.
WE SUMMARILY DISMISS THE PROTEST.
THE AIR FORCE HAS ADVISED US THAT BIDS WERE OPENED ON SEPTEMBER 11, 1984; AWARD WAS MADE ON SEPTEMBER 26, 1984; AND CONTRACT PERFORMANCE BEGAN ON OCTOBER 1, 1984. THE AIR FORCE ALSO ADVISES THAT MATERIALS WERE NOT REQUIRED TO BE SUBMITTED WITH THE BIDS UNDER THE SOLICITATION. THEREFORE APPEARS THAT THE PROTEST IS DIRECTED AT APPROVAL OF THE MATERIALS DURING THE COURSE OF CONTRACT ADMINISTRATION.
UNDER OUR BID PROTEST REGULATIONS, WE SUMMARILY DISMISS PROTESTS CONCERNING THE ADMINISTRATION OF AN EXISTING CONTRACT WITHOUT CONSIDERATION OF THE MERITS SINCE SUCH ADMINISTRATION (IN THIS CASE APPROVAL OF MATERIALS SUBMITTED) IS WITHIN THE DISCRETION OF THE CONTRACTING AGENCY. SECTION 21.3(F)(1), 49 FED.REG. 49419 (DECEMBER 20, 1984), TO BE CODIFIED IN 4 C.F.R. PART 21.