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B-192523, SEP 13, 1978

B-192523 Sep 13, 1978
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PROTEST AGAINST TERMINATION FOR DEFAULT OF CONTRACT IS MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION BY CONTRACTING ACTIVITY. WHERE PROTEST AGAINST AWARD OF REPROCUREMENT CONTRACT FOR MATERIAL COVERED BY TERMINATED CONTRACT IS BASED SOLELY UPON PROTESTER'S BELIEF THAT TERMINATION FOR DEFAULT WAS IMPROPER. GAO DECLINES TO CONSIDER MATTER SINCE RESOLUTION OF DISPUTE IS ADMINISTRATIVE MATTER UNDER DISPUTES CLAUSE OF CONTRACT. THE FIRST IS THE TERMINATION FOR DEFAULT OF CONTRACT NO. THE SECOND IS THE REPROCUREMENT OF MATERIAL COVERED BY CONTRACT NO. -205. WILMOT'S CORRESPONDENCE INDICATES THE SOLE BASIS FOR THE PROTEST AGAINST THE REPROCUREMENT IS ITS DISAGREEMENT WITH THE DEFAULT TERMINATION.

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B-192523, SEP 13, 1978

DIGEST: 1. PROTEST AGAINST TERMINATION FOR DEFAULT OF CONTRACT IS MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION BY CONTRACTING ACTIVITY, NOT GAO. 2. WHERE PROTEST AGAINST AWARD OF REPROCUREMENT CONTRACT FOR MATERIAL COVERED BY TERMINATED CONTRACT IS BASED SOLELY UPON PROTESTER'S BELIEF THAT TERMINATION FOR DEFAULT WAS IMPROPER, GAO DECLINES TO CONSIDER MATTER SINCE RESOLUTION OF DISPUTE IS ADMINISTRATIVE MATTER UNDER DISPUTES CLAUSE OF CONTRACT.

WILMOT FLEMING ENGINEERING CO.:

THE WILMOT FLEMING ENGINEERING CO. (WILMOT) PROTESTS TWO RELATED ACTIONS TAKEN BY THE DEPARTMENT OF THE NAVY, WASHINGTON NAVY YARD, NAVAL REGIONAL PROCUREMENT OFFICE. THE FIRST IS THE TERMINATION FOR DEFAULT OF CONTRACT NO. N00600-78-C-0205 (-205) FOR PIPE CUTOFF AND END PREP MACHINES. THE SECOND IS THE REPROCUREMENT OF MATERIAL COVERED BY CONTRACT NO. -205. WILMOT'S CORRESPONDENCE INDICATES THE SOLE BASIS FOR THE PROTEST AGAINST THE REPROCUREMENT IS ITS DISAGREEMENT WITH THE DEFAULT TERMINATION.

THE QUESTION OF WHETHER A CONTRACT SHOULD BE TERMINATED IS A MATTER OF CONTRACT ADMINISTRATION AND, THEREFORE, A FUNCTION OF THE CONTRACTING ACTIVITY. NATIONAL FLOORING COMPANY, B-183844, JULY 31, 1975, 75-2 CPD 71. FURTHERMORE, ANY DISPUTES CONCERNING FACTUAL MATTERS ARISING UNDER THE CONTRACT MUST BE RESOLVED IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES SET OUT IN THE DISPUTES CLAUSE OF THE CONTRACT. THE PROTEST AGAINST THE DEFAULT TERMINATION WILL NOT, THEREFORE, BE CONSIDERED BY THE GENERAL ACCOUNTING OFFICE. PRECISION SERVICE & SALES CO., B-186139, APRIL 16, 1976, 76-1 CPD 263.

ALSO, SINCE THE BASIS OF THE PROTEST AGAINST THE REPROCUREMENT RELATES SOLELY TO WILMOT'S DISAGREEMENT CONCERNING THE APPROPRIATENESS OF THE TERMINATION FOR DEFAULT, WE DECLINE TO CONSIDER ITS MERITS. IN ORDER FOR OUR OFFICE TO CONSIDER WILMOT'S REPROCUREMENT PROTEST, THE PROPRIETY OF THE DEFAULT TERMINATION MUST FIRST BE RESOLVED. THAT MATTER MUST BE PURSUED UNDER THE DISPUTES CLAUSE OF THE CONTRACT, NOT IN OUR OFFICE. SEE BROOMFIELD CORPORATION, B-188591, APRIL 6, 1977, 77-1 CPD 240.

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