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B-210805 1 (1983-06-24)

handle is hein.gao/gaobadldt0001 and id is 1 raw text is: THU COMPTROLLUN ONSMRALI 03 1110N . OTm uNrITuooN STATKE ~WAHINTON, O. C, 208 FILE: B-210805 OATE: June 24, 1983 MATTER OF: Tammermatic Corporation DIGEST: While GAO will review the award of a contract under a grant, GAO will not consider a complaint that the grantee failed to permit the prime contractor to substitute the complainant's pro- duct for one of the products specified in the contract, since the matter is one of contract administration. Tammermatic Corporation haaCsubmitted a complaint concerning the award of a contract by-the Tri-County Metropolitan Transportation District of Oregon (TRI-MET) to Contractors, Inc. for the construction of a new vehicle maintenance facility, including the installation of a vehicle wash system. The contract is funded in large part (80 percent) by a grant from the Urban Mass Transportation Administration., Tammermatic, a manufacturer of vehicle wash systems,(complains that TRI-MET failed to permit Contractors to substitute Tammermatic's product for the vehicle wash system named in the contract. We dismiss the complaint. TRI-MET issued the solicitation on January 21, 1982, specifying two manufacturers of vehicle wash systems as acceptable subcontractors. Certain provisions of the solicitation allowed that substitution requests for alter- native wash systems could be made by the prime contractor, which were to be approved or disapproved by TRI-MET's architectural consultant in his discretion. Award was made to Contractors on February 19. That firm filed substitu- tion requests for the Tammermatic wash system on August 4 and September 29. Both requests were rejected by TRI-MET's architect because the requests did not show, in accordance with the prescribed substitution procedures, that the Tammermatic system substitution was necessary to perform the contract or would be of substantial benefit to the contract in terms of ccst, time or other considera- tions. Tammermat.c complains that the disapprovals were improper, thereby excluding it from participation in the contract.

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