B-225277, DEC 29, 1986, OFFICE OF GENERAL COUNSEL
Highlights
PROCUREMENT - CONTRACT MANAGEMENT - CONTRACT ADMINISTRATION - GAO REVIEW DIGEST: PROBLEMS OF CONTRACT ADMINISTRATION ARE THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY AND NOT FOR RESOLUTION UNDER OUR BID PROTEST REGULATIONS. WHICH ARE RESERVED FOR CONSIDERING WHETHER AWARD. WE ARE UNABLE TO TAKE ACTION ON YOUR REQUEST. DESPITE THE FACT THAT YEARLY CONTRACTS FOR SUBSTANTIAL SHIPMENTS OF COAL FOR A PERIOD OF APPROXIMATELY SIX YEARS HAVE BEEN EXECUTED BY GSA. YOU ALLEGE THAT OIL IS BEING SUBSTITUTED FOR COAL AT THE PLANT. THAT THIS SUBSTITUTION IS COSTING MORE IN OVERALL ENERGY EXPENDITURES AT THE PLANT. THE PROBLEMS RAISED IN YOUR LETTER ARE MATTERS OF CONTRACT ADMINISTRATION WHICH ARE THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY.
B-225277, DEC 29, 1986, OFFICE OF GENERAL COUNSEL
PROCUREMENT - CONTRACT MANAGEMENT - CONTRACT ADMINISTRATION - GAO REVIEW DIGEST: PROBLEMS OF CONTRACT ADMINISTRATION ARE THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY AND NOT FOR RESOLUTION UNDER OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21 (1986), WHICH ARE RESERVED FOR CONSIDERING WHETHER AWARD, OR PROPOSED AWARD, OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS.
YANCY MINERALS, INC.:
WE REFER TO YOUR LETTER DATED NOVEMBER 7, 1986, IN WHICH YOU ALLEGE CERTAIN PROBLEMS WITH THE GENERAL SERVICE ADMINISTRATION'S MANAGEMENT OF A NUMBER OF CONTRACTS FOR THE PROCUREMENT OF COAL AT GSA'S CENTRAL HEATING AND REFRIGERATION PLANT. YOU REQUEST OUR GUIDANCE IN CURING THESE DEFECTS. WE ARE UNABLE TO TAKE ACTION ON YOUR REQUEST.
AS EXAMPLES OF THE ALLEGED MANAGEMENT PROBLEMS, YOU POINT OUT THAT, DESPITE THE FACT THAT YEARLY CONTRACTS FOR SUBSTANTIAL SHIPMENTS OF COAL FOR A PERIOD OF APPROXIMATELY SIX YEARS HAVE BEEN EXECUTED BY GSA, THE AGENCY HAS ONLY ORDERED SOME 3.5 PERCENT OF THE COAL PROVIDED FOR UNDER THE CONTRACTS. IN ADDITION, YOU ALLEGE THAT OIL IS BEING SUBSTITUTED FOR COAL AT THE PLANT, AND THAT THIS SUBSTITUTION IS COSTING MORE IN OVERALL ENERGY EXPENDITURES AT THE PLANT.
FOR THE MOST PART, THE PROBLEMS RAISED IN YOUR LETTER ARE MATTERS OF CONTRACT ADMINISTRATION WHICH ARE THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY. ALLEGATIONS OF THIS NATURE ARE NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21 (1986), WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD, OR PROPOSED AWARD, OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. TMS BUILDING MAINTENANCE, B-220588, 65 COMP.GEN. 222 (1986), 86-1 CPD PARA. 68. ACCORDINGLY, WE HAVE NO BASIS TO REVIEW THESE MATTERS UNDER OUR BID PROTEST PROCEDURES.
UNDER OUR AUDIT FUNCTION, WE REVIEW A BROAD SPECTRUM OF FEDERAL ACTIVITIES WITH LIMITED RESOURCES. CONSEQUENTLY, WE ARE FORCED TO MAKE CRITICAL DECISIONS REGARDING WHICH REVIEWS WE WILL UNDERTAKE IN TERMS OF OBTAINING THE GREATEST BENEFIT FOR THE RESOURCES UTILIZED. WE DO NOT BELIEVE THAT THE INFORMATION YOU HAVE SUPPLIED CONCERNING THIS PROCUREMENT INDICATES THAT SUCH AN INVESTIGATION IS WARRANTED. HOWEVER, WITH REGARD TO THE INFORMATION PERTAINING TO THE BURNING OF OIL VERSUS COAL, WE WILL RETAIN YOUR LETTER IN OUR FILES FOR USE IN OUR FUTURE WORK.
ACCORDINGLY, WE WILL TAKE NO FURTHER ACTION ON YOUR REQUEST.