B-141586, JAN. 13, 1960
Highlights
CAMPBELL COMPANY: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 24. REGARDING YOUR CLAIM FOR DAMAGES ALLEGED TO HAVE BEEN OCCASIONED BY THE SUSPENSION OF WORK UNDER CONTRACT NO. YOU STATE THAT WORK UNDER THE CONTRACT WAS SUSPENDED BY THE GOVERNMENT FOR APPROXIMATELY 10 MONTHS AND WHILE YOU WERE ALLOWED ADDITIONAL COMPENSATION FOR THE WORK CAUSED BY CHANGES IN THE WORK. YOUR CLAIM FOR INCREASED COSTS AND DAMAGES OCCASIONED BY THE SUSPENSION WAS DISALLOWED BY THE CONTRACTING OFFICER ON THE GROUND THAT IT WAS NOT PROPER FOR DECISION UNDER THE "DISPUTES" CLAUSE OF THE CONTRACT. YOU HAVE NOT APPEALED THE MATTER TO THE ARMED SERVICES BOARD OF CONTRACT APPEALS BUT YOU REQUEST TO BE ADVISED AS TO WHAT PROCEDURE TO FOLLOW IN ORDER TO PREVENT THE MERITS OF YOUR CLAIM TO OUR OFFICE.
B-141586, JAN. 13, 1960
TO ALLEN M. CAMPBELL COMPANY:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 24, 1959, REGARDING YOUR CLAIM FOR DAMAGES ALLEGED TO HAVE BEEN OCCASIONED BY THE SUSPENSION OF WORK UNDER CONTRACT NO. NBY-6406.
YOU STATE THAT WORK UNDER THE CONTRACT WAS SUSPENDED BY THE GOVERNMENT FOR APPROXIMATELY 10 MONTHS AND WHILE YOU WERE ALLOWED ADDITIONAL COMPENSATION FOR THE WORK CAUSED BY CHANGES IN THE WORK, YOUR CLAIM FOR INCREASED COSTS AND DAMAGES OCCASIONED BY THE SUSPENSION WAS DISALLOWED BY THE CONTRACTING OFFICER ON THE GROUND THAT IT WAS NOT PROPER FOR DECISION UNDER THE "DISPUTES" CLAUSE OF THE CONTRACT. YOU HAVE NOT APPEALED THE MATTER TO THE ARMED SERVICES BOARD OF CONTRACT APPEALS BUT YOU REQUEST TO BE ADVISED AS TO WHAT PROCEDURE TO FOLLOW IN ORDER TO PREVENT THE MERITS OF YOUR CLAIM TO OUR OFFICE.
INASMUCH AS A COPY OF THE INVOLVED CONTRAST IS NOT PRESENTLY AVAILABLE AND SINCE WE HAVE NO FIRSTHAND KNOWLEDGE OF THE FACTS CONCERNING YOUR CLAIM WE ARE UNABLE TO ADVISE YOU SPECIFICALLY REGARDING THE MATTER. IF, HOWEVER, THE CLAIM IS COGNIZABLE BY THE ARMED SERVICES BOARD OF CONTRACT APPEALS UNDER A "DISPUTES" CLAUSE MAKING FINAL THE ADMINISTRATIVE DETERMINATION ON A QUESTION OF FACT, OUR OFFICE WOULD NOT CONSIDER THE MERITS OF YOUR CLAIM WHILE THE APPEAL FROM THE CONTRACTING OFFICER'S DENIAL OF YOUR CLAIM IS PENDING.
IF THE APPEAL WERE WITHDRAWN IN ORDER TO HAVE OUR OFFICE CONSIDER THE CLAIM AND IF THE MATTER SHOULD FINALLY BE REGARDED AS ONE INVOLVING A QUESTION OF FACT, WE WOULD BE OBLIGED TO DISALLOW YOUR CLAIM BECAUSE YOU HAD FAILED TO EXHAUST YOUR ADMINISTRATIVE REMEDY OF APPEALING FROM THE CONTRACTING OFFICER'S FINDING.
IF, HOWEVER, YOUR CLAIM INVOLVES SOLELY A QUESTION OF LAW IT WOULD NOT APPEAR NECESSARY TO HAVE THE CLAIM CONSIDERED BY THE BOARD OF CONTRACT APPEALS IN ORDER TO SECURE CONSIDERATION OF THE MERITS OF YOUR CLAIM BY OUR OFFICE.