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WHETHER AWARDEE HAS FURNISHED A PRODUCT IN ACCORD WITH SPECIFICATIONS IS A MATTER OF CONTRACT ADMINISTRATION AND THUS IS THE RESPONSIBILITY OF THE PROCURING ACTIVITY AND NOT THE GENERAL ACCOUNTING OFFICE. MANUFACTURER'S ALLEGATION THAT THE AWARDEE OF A GOVERNMENT CONTRACT OBTAINED AN ITEM THROUGH UNAUTHORIZED CHANNELS INVOLVES A DISPUTE BETWEEN THE MANUFACTURER AND THE AWARDEE AND IS NOT FOR RESOLUTION BY THE GENERAL ACCOUNTING OFFICE. YOU NOW STATE THAT YOU HAVE BEEN INVITED TO SUBMIT A QUOTE FOR SERVICE OF THE MICROSAMPLER UNDER REQUEST FOR QUOTATIONS NO. IN WHICH THE ITEM IS IDENTIFIED BY A DIGILAB PART NUMBER. YOU STATE THAT THE DIGILAB MICROSAMPLER IS THE ONLY PRODUCT THAT WILL SATISFY THESE REQUIREMENTS.

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B-217036.2, MAY 19, 1986, OFFICE OF GENERAL COUNSEL

CONTRACTS - PROTESTS - AUTHORITY TO CONSIDER - CONTRACT ADMINISTRATION MATTERS DIGEST: 1. WHETHER AWARDEE HAS FURNISHED A PRODUCT IN ACCORD WITH SPECIFICATIONS IS A MATTER OF CONTRACT ADMINISTRATION AND THUS IS THE RESPONSIBILITY OF THE PROCURING ACTIVITY AND NOT THE GENERAL ACCOUNTING OFFICE. GENERAL ACCOUNTING OFFICE - JURISDICTION - CONTRACTS - DISPUTES - BETWEEN PRIVATE PARTIES 2. MANUFACTURER'S ALLEGATION THAT THE AWARDEE OF A GOVERNMENT CONTRACT OBTAINED AN ITEM THROUGH UNAUTHORIZED CHANNELS INVOLVES A DISPUTE BETWEEN THE MANUFACTURER AND THE AWARDEE AND IS NOT FOR RESOLUTION BY THE GENERAL ACCOUNTING OFFICE.

BIO-RAD LABORATORIES, INC.:

DIGILAB DIVISION

237 PUTNAM AVENUE

CAMBRIDGE, MASSACHUSETTS 02139

ATTN: MR. WILLIAM R. MACLUCKIE,

EASTERN REGIONAL SALES MANAGER

BY LETTER DATED JANUARY 13, 1986, YOU REQUEST THAT WE INVESTIGATE NICOLET INSTRUMENT CORPORATION'S PERFORMANCE OF A CONTRACT FOR AN INFRARED SPECTROMETER, INCLUDING A MICROSAMPLING ACCESSORY, THAT THE WALTER REED ARMY MEDICAL CENTER AWARDED UNDER REQUEST FOR PROPOSALS NO. DADA15-84-R- 0067. YOU PREVIOUSLY FILED A PROTEST AGAINST THIS AWARD THAT WE DENIED IN PART AND DISMISSED IN PART. SEE BIO-RAD LABORATORIES, INC., B-217036, FEB. 6, 1985, 85-1 CPD PARA. 148.

YOU NOW STATE THAT YOU HAVE BEEN INVITED TO SUBMIT A QUOTE FOR SERVICE OF THE MICROSAMPLER UNDER REQUEST FOR QUOTATIONS NO. DADA15-86 O-0031, IN WHICH THE ITEM IS IDENTIFIED BY A DIGILAB PART NUMBER. ESSENTIALLY, YOU QUESTION WHETHER THE MICROSAMPLER FURNISHED BY NICOLET COMPLIED WITH THE REQUIREMENTS OF THE EARLIER SOLICITATION. YOU STATE THAT THE DIGILAB MICROSAMPLER IS THE ONLY PRODUCT THAT WILL SATISFY THESE REQUIREMENTS, AND THAT AS THE SOLE SUPPLIER OF THIS ITEM, YOU HAVE NEVER RECEIVED AN ORDER FOR IT FROM NICOLET.

YOUR INQUIRY CONCERNS ISSUES THAT ARE NOT FOR RESOLUTION UNDER OUR BID PROTEST REGULATIONS, 4 C.F.R. PART 21(1985). TO THE EXTENT THAT YOU ARE QUESTIONING WHETHER NICOLET HAS DELIVERED A MICROSAMPLER THAT IS IN ACCORD WITH SPECIFICATIONS, THIS IS A MATTER OF CONTRACT ADMINISTRATION AND IS THUS THE RESPONSIBILITY OF THE CONTRACTING AGENCY, NOT OUR OFFICE. SEE IBI SECURITY SERVICES, INC., B-218565, JULY 1, 1985, 85-2 CPD PARA. 7. THE EXTENT THAT YOU ARE ALLEGING THAT NICOLET MAY HAVE OBTAINED A DIGILAB MICROSAMPLER THROUGH UNAUTHORIZED CHANNELS, THIS INVOLVES A DISPUTE BETWEEN DIGILAB AND NICOLET AND IS ALSO NOT FOR RESOLUTION BY OUR OFFICE. SEE WAYNE H. COLONEY CO., B-211789, AUG. 23, 1983, 83-2 CPD PARA. 242.

WE THEREFORE CAN NEITHER ACCOMMODATE YOUR REQUEST THAT WE LOOK INTO THE MATTER NOR LEGALLY OBJECT TO WALTER REED'S ISSUANCE OF A REQUEST FOR QUOTATIONS FOR SERVICE OF THE MICROSAMPLER.

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