B-218102.3, MAY 31, 1985, 85-1 CPD 622
Highlights
PROTEST THAT CONTRACT AWARD WAS IMPROPER IS DISMISSED IN THE ABSENCE OF ANY INDICATION THAT AWARDEE'S BID TOOK EXCEPTION TO SPECIFICATION REQUIREMENT THAT WORK BE PERFORMED BY A REGISTERED SURVEYOR. PROTEST THAT AWARDEE IS PERFORMING THE CONTRACT IN A MANNER INCONSISTENT WITH ITS REQUIREMENTS. IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT REVIEW. MOUNTS COMPLAINS THAT THE CONTRACT WAS NOT AWARDED IN ACCORDANCE WITH THE INVITATION'S REQUIREMENTS IN THAT POTOMAC DID NOT THEN. MOUNTS CONTENDS THAT THE CONTRACT SHOULD NOT HAVE BEEN AWARDED TO POTOMAC BECAUSE THE COMPANY ALLEGEDLY DOES NOT HAVE A REGISTERED SURVEYOR TO PERFORM THE CONTRACT WORK. WE HAVE NO BASIS TO CONCLUDE THAT THE AWARD WAS IMPROPER.
B-218102.3, MAY 31, 1985, 85-1 CPD 622
CONTRACTS - PROTESTS - BASIS FOR PROTEST REQUIREMENT DIGEST: 1. PROTEST THAT CONTRACT AWARD WAS IMPROPER IS DISMISSED IN THE ABSENCE OF ANY INDICATION THAT AWARDEE'S BID TOOK EXCEPTION TO SPECIFICATION REQUIREMENT THAT WORK BE PERFORMED BY A REGISTERED SURVEYOR. CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO 2. PROTEST THAT AWARDEE IS PERFORMING THE CONTRACT IN A MANNER INCONSISTENT WITH ITS REQUIREMENTS, IN THAT IT ALLEGEDLY DOES NOT EMPLOY A REGISTERED SURVEYOR, IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT REVIEW.
MOUNTS ENGINEERING:
MOUNTS ENGINEERING (MOUNTS) PROTESTS THE AWARD OF A CONTRACT TO POTOMAC ENGINEERING AND SURVEYING (POTOMAC) UNDER INVITATION FOR BIDS (IFB) NO. S0145066 ISSUED BY THE DEPARTMENT OF THE INTERIOR, BUREAU OF MINES. MOUNTS COMPLAINS THAT THE CONTRACT WAS NOT AWARDED IN ACCORDANCE WITH THE INVITATION'S REQUIREMENTS IN THAT POTOMAC DID NOT THEN-- AND DOES NOT NOW- - EMPLOY A REGISTERED SURVEYOR TO PERFORM THE WORK REQUIRED BY THE CONTRACT.
MOUNTS CONTENDS THAT THE CONTRACT SHOULD NOT HAVE BEEN AWARDED TO POTOMAC BECAUSE THE COMPANY ALLEGEDLY DOES NOT HAVE A REGISTERED SURVEYOR TO PERFORM THE CONTRACT WORK. HOWEVER, MOUNTS HAS NOT SHOWN THAT POTOMAC'S BID TOOK EXCEPTION TO THE INVITATION'S REQUIREMENT FOR A REGISTERED SURVEYOR. THUS, ON THE RECORD BEFORE US, WE HAVE NO BASIS TO CONCLUDE THAT THE AWARD WAS IMPROPER. THE PROTEST IS DISMISSED AS TO THIS ISSUE PURSUANT TO 4 C.F.R. SEC. 21.3(F) (1985) WITHOUT OBTAINING AN AGENCY REPORT BECAUSE ON ITS FACE THE PROTEST DOES NOT STATE A VALID BASIS OF PROTEST.
OUR OFFICE WILL NOT CONSIDER A PROTEST ALLEGING THAT A CONTRACTOR IS PERFORMING THE WORK IN A MANNER INCONSISTENT WITH THE REQUIREMENTS OF THE CONTRACT BECAUSE THIS IS A MATTER OF CONTRACT ADMINISTRATION. THEREFORE, WE DISMISS THIS ASPECT OF THE PROTEST IN ACCORDANCE WITH SECTION 21.3(F)(1) OF OUR BID PROTEST REGULATIONS, 4 C.F.R. PART 21 (1985).