B-204930, OCT 19, 1981

B-204930, OCT 19, 1981

DIGEST: CLAIM CONCERNING AGENCY'S ALLEGED FAILURE TO PURCHASE SERVICES FROM CONTRACTOR UNDER POST-MARCH 1, 1979, REQUIREMENTS CONTRACT IS FOR RESOLUTION UNDER CONTRACT DISPUTES ACT OF 1978 AND, THEREFORE, MAY NOT BE CONSIDERED BY GAO.

ARM-BEN CORPORATION:

ARM-BEN CORPORATION (ARM-BEN) "PROTESTS" THE DEPARTMENT OF THE NAVY'S (NAVY) ALLEGED BREACH OF ITS REQUIREMENTS CONTRACT NO. N62467-81 C-2242 FOR HOUSING MAINTENANCE AT CECIL FIELD, FLORIDA, FOR THE PERIOD APRIL 1, 1981, TO MARCH 31, 1982. SPECIFICALLY, ARM-BEN ALLEGES THAT GOVERNMENT EMPLOYEES ARE PERFORMING "MANY ITEMS OF WORK" COVERED UNDER ITS CONTRACT AND THAT THE NAVY SHOULD, THEREFORE, PAY THE COMPANY A "SUM EQUAL TO 25 PERCENT OF THE CONTRACT PRICE."

ARM-BEN'S "PROTEST" ACTUALLY IS A CLAIM RELATING TO ITS REQUIREMENTS CONTRACT. THEREFORE, THE CLAIM, INVOLVING A POST-MARCH 1, 1979, CONTRACT, IS REQUIRED TO BE PROCESSED UNDER THE CONTRACT DISPUTES ACT OF 1978, 41 U.S.C. SECS. 601-613 (SUPP. III, 1979) AND MAY NOT BE CONSIDERED BY OUR OFFICE. AS STATED IN SECTION 6(A) OF THE ACT:

"ALL CLAIMS BY A CONTRACTOR AGAINST THE GOVERNMENT RELATING TO A CONTRACT SHALL BE IN WRITING AND SHALL BE SUBMITTED TO THE CONTRACTING OFFICER FOR A DECISION."

IN THIS CONNECTION, WE NOTE THAT ARM-BEN'S LETTER OF SEPTEMBER 15, 1981, TO THE NAVY STATES THAT THE COMPANY "INVOKES THE PROVISIONS OF THE CONTRACT DISPUTES ACT OF 1978."

THE CLAIM IS DISMISSED.