B-215828, JUL 27, 1984, 84-2 CPD 122
Highlights
GENERAL ACCOUNTING OFFICE - JURISDICTION - CONTRACTS - DEFAULTS AND TERMINATIONS - MATTER OF CONTRACT ADMINISTRATION DIGEST: PROTEST CHALLENGING THE PROPRIETY OF THE DEFAULT TERMINATION OF A CONTRACT RAISES AN ISSUE CONCERNING CONTRACT ADMINISTRATION WHICH IS TO BE RESOLVED UNDER THE CONTRACT DISPUTES ACT OF 1978. WE WILL NOT CONSIDER THIS MATTER. THE TERMINATION OF A CONTRACT FOR DEFAULT IS A MATTER OF CONTRACT ADMINISTRATION AND ANY ISSUES PERTAINING TO SUCH A TERMINATION ARE TO BE RESOLVED UNDER THE CONTRACT DISPUTES ACT OF 1978. IT IS NOT AN ISSUE THAT WILL BE CONSIDERED UNDER OUR BID PROTEST PROCEDURES. WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD OR A PROPOSED AWARD COMPLIES WITH THE STATUTORY.
B-215828, JUL 27, 1984, 84-2 CPD 122
GENERAL ACCOUNTING OFFICE - JURISDICTION - CONTRACTS - DEFAULTS AND TERMINATIONS - MATTER OF CONTRACT ADMINISTRATION DIGEST: PROTEST CHALLENGING THE PROPRIETY OF THE DEFAULT TERMINATION OF A CONTRACT RAISES AN ISSUE CONCERNING CONTRACT ADMINISTRATION WHICH IS TO BE RESOLVED UNDER THE CONTRACT DISPUTES ACT OF 1978, NOT UNDER GAO BID PROTEST PROCEDURES.
SIMMLER, INC.:
SIMMLER, INC., PROTESTS THE TERMINATION FOR DEFAULT OF ITS CONTRACT NO. V797P-3889F FOR MEDICAL EQUIPMENT AND SUPPLIES. WE WILL NOT CONSIDER THIS MATTER.
THE TERMINATION OF A CONTRACT FOR DEFAULT IS A MATTER OF CONTRACT ADMINISTRATION AND ANY ISSUES PERTAINING TO SUCH A TERMINATION ARE TO BE RESOLVED UNDER THE CONTRACT DISPUTES ACT OF 1978, 41 U.S.C. SEC. 601, ET SEQ. (1982). IT IS NOT AN ISSUE THAT WILL BE CONSIDERED UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983), WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD OR A PROPOSED AWARD COMPLIES WITH THE STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS FOR GOVERNMENT PROCUREMENT. KINGSWAY CHEMICAL EQUIPMENT, B-213703, NOV. 29, 1983, 83 2 CPD PARA. 626.
THE PROTEST IS DISMISSED.