B-171010, JUN 29, 1971
Highlights
THE CONTRACTS ARE GS OOS- 85091. WHICH WAS INCLUDED IN THE PROCUREMENT SOLICITATIONS AND IN THE CONTRACTS. CONTRACT GS-OOS-83809 WAS PARTIALLY TERMINATED BY THE GENERAL SERVICES ADMINISTRATION (GSA) ON NOVEMBER 27. THE EFFECT OF SUCH APPEAL IS TO PLACE IN ISSUE THE PROPRIETY OF THE GOVERNMENT'S ACTION. WHOSE RULES ARE PUBLISHED AT 41 CFR 5A-60.
B-171010, JUN 29, 1971
BID PROTEST - BOARD OF CONTRACT APPEALS - GAO DECISION ADVISING WITH REFERENCE TO THE DECISION B-171010 APRIL 16, 1971 DENYING THE PROTEST OF MARS SALES AGAINST THE AWARD OF TWO FEDERAL SUPPLY CONTRACTS LET BY GENERAL SERVICES ADMINISTRATION TO UNIVERSAL JET INDUSTRIES FOR THE FURNISHING OF AIR CURTAINS THAT WHERE THE CONTRACTING AGENCY HAS PARTIALLY TERMINATED THE CONTRACT FOR NON COMPLIANCE WITH THE SPECIFICATIONS AND THE CONTRACTOR HAS APPEALED TO THE GSA BOARD OF CONTRACT APPEALS, IT WOULD BE IMPROPER FOR THIS OFFICE TO MAKE ANY FURTHER COMMENT ON THE MATTER UNTIL SUCH TIME AS THE BOARD HAS RENDERED ITS DECISION.
TO MARS SALES:
WE REFER TO YOUR LETTER OF APRIL 29, 1971, RAISING VARIOUS QUESTIONS WITH RESPECT TO OUR DECISION B-171010, APRIL 16, 1971, WHICH DENIED YOUR PROTEST CONCERNING TWO FEDERAL SUPPLY CONTRACTS WITH UNIVERSAL JET INDUSTRIES FOR THE FURNISHING OF AIR CURTAINS. THE CONTRACTS ARE GS OOS- 85091, EFFECTIVE MAY 1, 1969, THROUGH APRIL 30, 1970, AND CONTRACT GS-OOS- 83809, EFFECTIVE MAY 1, 1970, THROUGH APRIL 30, 1971.
THE QUESTIONS YOU RAISE RELATE TO PORTIONS OF OUR DECISION CONCERNING THE BASIC ISSUE IN YOUR PROTEST, THAT THE UNIVERSAL AIR CURTAINS DO NOT COMPLY WITH THE REQUIREMENTS OF INTERIM FEDERAL SPECIFICATION W-F 001350(GSA- FSS), MARCH 15, 1968, WHICH WAS INCLUDED IN THE PROCUREMENT SOLICITATIONS AND IN THE CONTRACTS.
AS WE ADVISED YOU, CONTRACT GS-OOS-83809 WAS PARTIALLY TERMINATED BY THE GENERAL SERVICES ADMINISTRATION (GSA) ON NOVEMBER 27, 1970, FOR NONCOMPLIANCE OF TWO TYPES OF AIR CURTAINS WITH THE SPECIFICATION, AND THE CONTRACTOR HAS APPEALED SUCH ACTION TO THE GSA BOARD OF CONTRACT APPEALS PURSUANT TO THE CONTRACT DISPUTES CLAUSE. THE EFFECT OF SUCH APPEAL IS TO PLACE IN ISSUE THE PROPRIETY OF THE GOVERNMENT'S ACTION. ACCORDINGLY, UNTIL SUCH TIME AS THE BOARD, WHOSE RULES ARE PUBLISHED AT 41 CFR 5A-60, HAS RENDERED A DECISION ON THE APPEAL, WE DO NOT BELIEVE IT WOULD BE PROPER FOR THIS OFFICE TO OFFER FURTHER COMMENT ON THE MATTER.