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DIGEST: AN ALLEGATION THAT A COMPANY WILL NOT BE ABLE TO SATISFY A SPECIFICATION WILL NOT BE CONSIDERED SINCE IT INVOLVES A MATTER OF CONTRACT ADMINISTRATION WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY AND NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES. WILL NOT BE ABLE TO OBTAIN CLEARANCE AS SPECIFIED IN SOLICITATION NO. TENAVISION BELIEVES THAT PTG AND THE PERSONNEL WORKING ON THE JOB WILL NOT BE ABLE TO SATISFY PART III. THE EMPLOYEE WILL BE ASKED IF HE/SHE HAS EVER BEEN CONVICTED OF A CRIME OTHER THAN A MOTOR VEHICLE VIOLATION. WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY. AN ALLEGATION OF THIS NATURE IS NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES.

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B-208857, SEP 21, 1982

DIGEST: AN ALLEGATION THAT A COMPANY WILL NOT BE ABLE TO SATISFY A SPECIFICATION WILL NOT BE CONSIDERED SINCE IT INVOLVES A MATTER OF CONTRACT ADMINISTRATION WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY AND NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES.

TENAVISION, INC.:

TENAVISION, INC., ALLEGES THAT PTG, INC., OF BERTON, OHIO (PTG), WILL NOT BE ABLE TO OBTAIN CLEARANCE AS SPECIFIED IN SOLICITATION NO. DAAK10-82-B- 0134, ISSUED BY THE DEPARTMENT OF THE ARMY, FOR THE INSTALLATION OF TELEPHONE CABLES.

SPECIFICALLY, TENAVISION BELIEVES THAT PTG AND THE PERSONNEL WORKING ON THE JOB WILL NOT BE ABLE TO SATISFY PART III, SPECIAL CONDITIONS, LOCAL RULES AND REGULATIONS, PARAGRAPH 1.3.3.4., OF THE SOLICITATION. THAT PARAGRAPH STATES:

"FINGERPRINTING OF EMPLOYEE, AND ANY OTHER PROCEDURE DEEMED NECESSARY FOR THE SECURITY OF THE COMMAND. AT THE TIME OF FINGERPRINTING, THE EMPLOYEE WILL BE ASKED IF HE/SHE HAS EVER BEEN CONVICTED OF A CRIME OTHER THAN A MOTOR VEHICLE VIOLATION. SHOULD A FELONY OR HIGH MISDEMEANOR BE REVEALED, HE/SHE MAY NOT BE PERMITTED TO WORK ON THE PROJECT."

THIS MATTER PERTAINS TO CONTRACT ADMINISTRATION, WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY. AN ALLEGATION OF THIS NATURE IS NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES, WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD, OR PROPOSED AWARD, OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. ALBERT S. FREEDMAN DBA RELIABLE SECURITY SERVICES, B-194016, FEBRUARY 16, 1979, 79-1 CPD 122.

THE PROTEST IS DISMISSED.

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