B-226865, JUN 1, 1987, 87-1 CPD 555
Highlights
PROCUREMENT - CONTRACT MANAGEMENT - CONTRACT ADMINISTRATION - SUBCONTRACTS - GAO REVIEW DIGEST: GENERAL ACCOUNTING OFFICE (GAO) WILL NOT CONSIDER A CLAIM ARISING FROM THE ALLEGED IMPROPER TERMINATION OF A SUBCONTRACT BY THE PRIME CONTRACTOR/OPERATOR OF A GOVERNMENT PLANT BECAUSE THE CLAIM INVOLVES CONTRACT ADMINISTRATION AND BY LAW IS FOR RESOLUTION BY FORUMS OTHER THAN GAO. WE WILL NOT CONSIDER THE CLAIM. CLAIMS AGAINST THE GOVERNMENT RELATING TO EXPRESS OR IMPLIED PROCUREMENT CONTRACTS GENERALLY CONTRACTS ARE SUBJECT TO THE CONTRACT DISPUTES ACT OF 1978. THE CLAIM IS DISMISSED.
B-226865, JUN 1, 1987, 87-1 CPD 555
PROCUREMENT - CONTRACT MANAGEMENT - CONTRACT ADMINISTRATION - SUBCONTRACTS - GAO REVIEW DIGEST: GENERAL ACCOUNTING OFFICE (GAO) WILL NOT CONSIDER A CLAIM ARISING FROM THE ALLEGED IMPROPER TERMINATION OF A SUBCONTRACT BY THE PRIME CONTRACTOR/OPERATOR OF A GOVERNMENT PLANT BECAUSE THE CLAIM INVOLVES CONTRACT ADMINISTRATION AND BY LAW IS FOR RESOLUTION BY FORUMS OTHER THAN GAO.
BENORA CLEANING SERVICE, INC.:
BENORA CLEANING SERVICE, INC. HAS FILED A BREACH OF SUBCONTRACT CLAIM ARISING OUT OF PURCHASE ORDER NO. 2907600, ISSUED BY MORTON THIOKOL, INC., CONTRACT OPERATOR OF THE LOUISIANA ARMY AMMUNITION PLANT (CONTRACT NO. DAAA09-75-C-0028).
THE CLAIMANT CONTENDS THAT MORTON-THIOKOL IMPROPERLY TERMINATED THE 1- YEAR CUSTODIAL SERVICES PURCHASE ORDER ISSUED TO BENORA WITH 6 MONTHS REMAINING. THE GENERAL PROVISIONS OF THE PURCHASE ORDER SPECIFICALLY PROVIDED THAT MORTON-THIOKOL COULD TERMINATE FOR CONVENIENCE THE PERFORMANCE OF WORK.
WE WILL NOT CONSIDER THE CLAIM. EXCEPT FOR ONE SITUATION NOT APPLICABLE HERE, WE DO NOT REVIEW DECISIONS TO TERMINATE CONTRACTS, SINCE BY LAW CONTRACT TERMINATION INVOLVES A MATTER OF CONTRACT ADMINISTRATION FOR CONSIDERATION BY A CONTRACT APPEALS BOARD OR A COURT OF COMPETENT JURISDICTION. HERO, INC., B-221820, MAY 12, 1986, 86-1 CPD PARA. 450. THIS REGARD, CLAIMS AGAINST THE GOVERNMENT RELATING TO EXPRESS OR IMPLIED PROCUREMENT CONTRACTS GENERALLY CONTRACTS ARE SUBJECT TO THE CONTRACT DISPUTES ACT OF 1978, 41 U.S.C. SECS. 601-613 (1982), WHICH ESTABLISHES PROCEDURES FOR RESOLVING SUCH CLAIMS AND PROVIDES FOR APPEALS OF CONTACTING OFFICER DECISIONS ON CLAIMS TO THE BOARDS OR TO THE UNITED STATES CLAIMS COURT.
RALPH CONSTRUCTION, INC., B-222162, JUNE 25, 1986, 86-1 CPD PARA. 592.
THE CLAIM IS DISMISSED.