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B-191442 1 (1978-04-05)

handle is hein.gao/gaobadfwq0001 and id is 1 raw text is: 



     .6~ 4K CDMPCTROLLER t3IPIAL
DECISION       .E4,,    .C F  THE   UNITEO     UTATea
                         W  ASHINGTON, .C.   C    Oi40



FILE:   B-1914 4 2             DATE:  April ,, 1978

MATTER   OF:      Vermont  Marble Company

DIGEST:
          Protest alleging  'hat agency is per-
          mitting contracto   to provide different
          variety of marble  than specified in con-
          tract is dismissed,  since whether material
          provided complies  with requirements of
          contract and whether  to permit contract
          modification are matters  of contract
          administration  which is primarily func-
          tion and responsibility  of contracting
          agency and not  for resolution under bid
          protest procedures.

       Vermont Marble Company  (VMC) has protested an,
 alleged action by the General  Services Administration
 (GSA) under a contract  for construction of the Litter
 Hill National Biomedical  Communications Center, Bethesda,
 Maryland.  VMC alleges  that GSA is permitting the,
 contractor to substitute  a type of marble iifferert
 from the variety specified  in the coutract.  VMC argues
 that the substituted marble  is less e>.peisive than
 the required variety and  that th.s is unf&ir to
 other bidders.

     V Whether the material  provired under a contract
 complies with the requirements  of the contract is
 a matter of contract administration.   Crowe Rople
 Company, B-187092, August  18, 1976, 76-2 CPD 174.
 Aso,  the decision of whether  to permit or request
 contract modificaticon is a matter of contract
 administration which is primarily  the function and
 responsibility of the contracting  agency.  Kelly
 Services, B-182071, October  S, 1974, 74-2 CPD 197.
 Matters of contract administration  are not ordinarily
 for resolution under our bid  protest procedures which
 are reserved for considering  whethc  an award of a
 contract complies with statutory,  t gulatory and
 other legal requirements.  Mustang  ndustrial  Cleaners,
 B-172531, March 5, 1976, 76-1  CPD 3.8,  Cf. Brandon


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