B-157971, FEB. 2, 1966

B-157971: Feb 2, 1966

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TO THE BI-STATE PACKING CORP.: REFERENCE IS MADE TO YOUR TELEGRAMS OF NOVEMBER 4 AND 22 AND YOUR LETTER OF DECEMBER 28. WAS EFFECTED BY LETTER DATED OCTOBER 5. WE ARE ADVISED BY GSA THAT YOU FILED AN APPEAL FROM THE DEFAULT TERMINATION BY TELEGRAM DATED NOVEMBER 5. IS NOW PENDING BEFORE THE GSA BOARD OF CONTRACT APPEALS. WHERE A CONTRACTOR FILES WITH OUR OFFICE A CLAIM INVOLVING DISPUTED QUESTIONS OF FACT WHICH HAVE BEEN THE SUBJECT OF AN ADVERSE DECISION BY THE CONTRACTING OFFICER FROM WHICH THE CONTRACTOR HAS FILED AN APPEAL AS PROVIDED IN THE CONTRACT. IT HAS BEEN OUR PROCEDURE NOT TO CONSIDER THE CLAIM WHILE SUCH APPEAL IS PENDING WITH THE ADMINISTRATIVE AGENCY. YOUR CLAIM WILL NOT BE CONSIDERED BY OUR OFFICE AT THIS TIME.

B-157971, FEB. 2, 1966

TO THE BI-STATE PACKING CORP.:

REFERENCE IS MADE TO YOUR TELEGRAMS OF NOVEMBER 4 AND 22 AND YOUR LETTER OF DECEMBER 28, 1965, PROTESTING AGAINST THE TERMINATION FOR DEFAULT OF CONTRACT NO. GS-02S-22365 BY THE GENERAL SERVICES ADMINISTRATION (GSA), AND MAKING CLAIM FOR THE AMOUNT OF $19,750 FOR ALLEGED COSTS AND DAMAGES INCURRED UNDER THE CONTRACT.

THE NOTICE OF TERMINATION, PURSUANT TO ARTICLE 11 (A) (II) OF THE GENERAL PROVISIONS (STANDARD FORM 32), WAS EFFECTED BY LETTER DATED OCTOBER 5, 1965, WHICH CITED YOUR FAILURE TO MAKE TIMELY DELIVERY OF THE CONTRACT SUPPLIES AND STATED THAT THE CONTRACTING OFFICER HAD DETERMINED SUCH FAILURE HAD NOT ARISEN FROM CAUSES BEYOND YOUR CONTROL AND WITHOUT YOUR FAULT OR NEGLIGENCE WITHIN THE MEANING OF ARTICLE 11 (C) OF THE GENERAL PROVISIONS.

WE ARE ADVISED BY GSA THAT YOU FILED AN APPEAL FROM THE DEFAULT TERMINATION BY TELEGRAM DATED NOVEMBER 5, AS SUPPLEMENTED BY A COPY OF YOUR LETTER OF DECEMBER 28 TO OUR OFFICE, AND THAT SAID APPEAL, INDEXED AS DOCKET NO. 1922, IS NOW PENDING BEFORE THE GSA BOARD OF CONTRACT APPEALS.

IN CIRCUMSTANCES SUCH AS THESE, WHERE A CONTRACTOR FILES WITH OUR OFFICE A CLAIM INVOLVING DISPUTED QUESTIONS OF FACT WHICH HAVE BEEN THE SUBJECT OF AN ADVERSE DECISION BY THE CONTRACTING OFFICER FROM WHICH THE CONTRACTOR HAS FILED AN APPEAL AS PROVIDED IN THE CONTRACT, IT HAS BEEN OUR PROCEDURE NOT TO CONSIDER THE CLAIM WHILE SUCH APPEAL IS PENDING WITH THE ADMINISTRATIVE AGENCY. ACCORDINGLY, YOUR CLAIM WILL NOT BE CONSIDERED BY OUR OFFICE AT THIS TIME.

SHOULD THE GSA BOARD OF CONTRACT APPEALS DENY YOUR CLAIM, YOU MAY THEN REQUEST OUR REVIEW OF THE BOARD'S DECISION, IF YOU SO DESIRE.