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B-191168 1 (1978-03-07)

handle is hein.gao/gaobadfto0001 and id is 1 raw text is: Roger Ayer 95 _1110 . THE COMPThOLLE DECIUON . OP IHU UNITot, WAB31MNYor. D V FILE: 8-191168 DATE: tnh T, 19T MATTER OF: JOy Manufacturing Company 'a DIGERT: Allegation that contractor's equipment is not in compliance with specifications will not be considered mince allegation involves matter of contract administration which is function and responsibility of contracting agency and not for resolution under bid protest procedures. By letter of February 10, 178, Joy Manufacturing Company (Joy) makes certain allegations concerning admin- istration of acontract awarded to Ingberg Mechanical, Inc. (Ingberg) pursuant to Invitation for Bids No. 263- 77-3 (92-0214) issued by the National Institutes of Healh. Specifically, Joy alleges that the equipment which Ingbery intends to use includes electric motors whibh deviate from the spieifications which accompanied the solicitation. Joy indicates that it has electric motors which comply in all respects with the solicitation re- quirements, which it hca offered to make available to Ingbarg. These matters pertain to contrict administration which is the function and resjonsibility of'the contract- ing agency. Matters of contract adminiEtration are not for resolution under our bid protst procedures which are reserved for considering whether an award, or pro- posed award, of a cdntract complies with statutory, regu- latory an! other leqal requirements. See, Inter-5Alloys Corporation, B-182890, February 4, 1975, 75-1 CPD 79 and Dyneteria7 Inc., B-186828, July 22, 1976, 76-2 CPD 72. In view of the foregoing, the protest is dismissed. However, a copy of Joy's letter is being furnished to the contracting agency. Paul G. Dembling General Counsel 9. 14cr -- 1* 'I 64 PL 2 ORAL .Two on~E3 *1. t I