Matter of: ABJ Services File: B-254155 Date: July 23, 1993
Highlights
PROCUREMENT Contract Management Contract administration GAO review The General Accounting Office will not consider a mistake in bid claim alleged after award. Since it is a matter of contract administration. As they are within the discretion of the contracting agency and for review by a cognizant board of contract appeals or the United States Court of Federal Claims. A mistake in bid claim alleged after award by the contractor receiving the award is a matter of contract administration because it is a claim "relating to a contract" within the meaning of the Contract Disputes Act of 1978. Is not for review by our Office. Since ABJ first alleged its claim of mistake after it was awarded the contract.
Matter of: ABJ Services File: B-254155 Date: July 23, 1993
PROCUREMENT Contract Management Contract administration GAO review The General Accounting Office will not consider a mistake in bid claim alleged after award, since it is a matter of contract administration.
Attorneys
DECISION ABJ Services protests not being allowed to correct a mistake in its bid after award under invitation for bids No. DAKF03-92-B-0043 issued by the Department of the Army. On February 2, 1993, ABJ informed the Department of the Army of an error in its bid amount, after performing services under the contract for a period of 4 months.
Our Office considers bid protest challenges to the award or proposed award of contracts. 31 U.S.C. Sec. 3552 (1988). Therefore, we generally do not exercise jurisdiction to review matters of contract administration, as they are within the discretion of the contracting agency and for review by a cognizant board of contract appeals or the United States Court of Federal Claims. See 4 C.F.R. Sec. 21.3(m)(1) (1993); Specialty Plastics Prods., Inc., B-237545, Feb. 26, 1990, 90-1 CPD Para. 228. A mistake in bid claim alleged after award by the contractor receiving the award is a matter of contract administration because it is a claim "relating to a contract" within the meaning of the Contract Disputes Act of 1978, 41 U.S.C. Secs. 601-613 (1988), and is not for review by our Office. Alliance Properties, Inc., 64 Comp.Gen. 330 (1985), 85-1 CPD Para. 286. Since ABJ first alleged its claim of mistake after it was awarded the contract, it must pursue its claim pursuant to the requirements of the Contract Disputes Act of 1978.
The protest is dismissed.