B-159323, AUG. 26, 1966
Highlights
INCORPORATED: REFERENCE IS MADE TO YOUR TELEGRAM DATED JUNE 1. THE FILE SUBMITTED TO THIS OFFICE BY THE VETERANS ADMINISTRATION SHOWS YOU WERE NOTIFIED BY LETTER DATED MAY 2. FROM THE CONTRACTING OFFICER THAT YOUR CONTRACT WAS TERMINATED FOR DEFAULT. THIS LETTER FURTHER ADVISED THAT "YOUR RIGHT TO APPEAL THIS ACTION IS SET FORTH IN PARAGRAPH 12 OF GENERAL PROVISIONS STANDARD FORM 34 WHICH FORMED A PART OF THIS CONTRACT.'. SINCE YOU ARE HELD TO KNOW THE TERMS OF YOUR CONTRACT. UNDER THE DISPUTES CLAUSE OF YOUR CONTRACT (SET FORTH IN STANDARD FORM 32 WHICH WAS INCORPORATED BY REFERENCE). ALL DISPUTES ON QUESTIONS OF FACT ARE TO BE DECIDED BY THE CONTRACTING OFFICER. THIS OFFICE DOES NOT HAVE JURISDICTION TO RULE ON YOUR PROTEST.
B-159323, AUG. 26, 1966
TO TRIO-TECH, INCORPORATED:
REFERENCE IS MADE TO YOUR TELEGRAM DATED JUNE 1, 1966, AND LETTER DATED JUNE 2, 1966, WITH ENCLOSURES, PROTESTING AGAINST THE DEFAULT ACTION INSTITUTED BY THE MARKETING DIVISION, VETERANS ADMINISTRATION, SOMERVILLE, NEW JERSEY, UNDER CONTRACT V7023P-4446, DATED JULY 22, 1965.
THE FILE SUBMITTED TO THIS OFFICE BY THE VETERANS ADMINISTRATION SHOWS YOU WERE NOTIFIED BY LETTER DATED MAY 2, 1966, FROM THE CONTRACTING OFFICER THAT YOUR CONTRACT WAS TERMINATED FOR DEFAULT. THIS LETTER FURTHER ADVISED THAT "YOUR RIGHT TO APPEAL THIS ACTION IS SET FORTH IN PARAGRAPH 12 OF GENERAL PROVISIONS STANDARD FORM 34 WHICH FORMED A PART OF THIS CONTRACT.' ACTUALLY, PARAGRAPH 12 OF STANDARD FORM 32 GOVERNS YOUR RIGHT TO APPEAL THIS ACTION BUT, SINCE YOU ARE HELD TO KNOW THE TERMS OF YOUR CONTRACT, WE DO NOT FEEL THIS TYPOGRAPHICAL MISTAKE MISLED YOU IN ANY WAY.
THE CONTROVERSY BETWEEN YOUR COMPANY AND THE CONTRACTING OFFICER IN REGARD TO THE DEFAULT TERMINATION INVOLVES PRIMARILY QUESTIONS OF FACT. UNDER THE DISPUTES CLAUSE OF YOUR CONTRACT (SET FORTH IN STANDARD FORM 32 WHICH WAS INCORPORATED BY REFERENCE), ALL DISPUTES ON QUESTIONS OF FACT ARE TO BE DECIDED BY THE CONTRACTING OFFICER, SUBJECT TO APPEAL BY YOU TO THE VETERANS ADMINISTRATION CONTRACT APPEALS BOARD WITHIN THE TIME STATED.
IN VIEW OF THE ABOVE, THIS OFFICE DOES NOT HAVE JURISDICTION TO RULE ON YOUR PROTEST. WE ARE, HOWEVER, FORWARDING THE FILE IN THIS CASE TO THE VETERANS ADMINISTRATION CONTRACT APPEALS BOARD ..END :