B-171479, FEB 9, 1971

B-171479: Feb 9, 1971

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IT IS POINTED OUT THAT THE RESOLUTION OF ANY FACTUAL DISPUTES ARISING UNDER THE CONTRACT IS A MATTER FOR THE CONTRACTING OFFICER UNDER THE "DISPUTES" CLAUSE. TO CALTEX ENGINEERING CO.: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 2. ENCLOSED IS A COPY OF THAT PART OF THE ADMINISTRATIVE REPORT TO OUR OFFICE WHICH EXPLAINS WHY THE SERVICES IN QUESTION WERE NOT ORDERED UNDER YOUR CONTRACT. YOU ARE ADVISED THAT THE RESOLUTION OF ANY FACTUAL DISPUTES ARISING UNDER YOUR CONTRACT IS A MATTER FOR THE CONTRACTING OFFICER TO CONSIDER AND DETERMINE UNDER THE "DISPUTES" CLAUSE OF YOUR CONTRACT (GENERAL PROVISION 12). THE "DISPUTES" CLAUSE IS APPLICABLE.

B-171479, FEB 9, 1971

BID PROTEST - ISSUANCE OF WORK ORDERS DECISION CONCERNING PROTESTANT'S ALLEGATION THAT THE PROCUREMENT DIVISION AT FORT HUACHUCA HAS IMPROPERLY FAILED TO ISSUE WORK ORDERS COVERING GROUND MAINTENANCE SERVICES CONTRARY TO THE REQUIREMENTS OF THE CONTRACT. IT IS POINTED OUT THAT THE RESOLUTION OF ANY FACTUAL DISPUTES ARISING UNDER THE CONTRACT IS A MATTER FOR THE CONTRACTING OFFICER UNDER THE "DISPUTES" CLAUSE, AND PROCEDURES THEREIN MUST BE EXHAUSTED BEFORE RECOURSE TO EITHER GAO OR THE COURTS.

TO CALTEX ENGINEERING CO.:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 2, 1970, WITH ENCLOSURES, WHICH ALLEGES THAT THE PROCUREMENT DIVISION AT FORT HUACHUCA HAS IMPROPERLY FAILED TO ISSUE WORK ORDERS COVERING GROUND MAINTENANCE SERVICES AT THE ABOVE INSTALLATION CONTRARY TO THE TERMS OF YOUR REQUIREMENTS CONTRACT NO. DAEA18-70-D-0282.

ENCLOSED IS A COPY OF THAT PART OF THE ADMINISTRATIVE REPORT TO OUR OFFICE WHICH EXPLAINS WHY THE SERVICES IN QUESTION WERE NOT ORDERED UNDER YOUR CONTRACT. ANY COMMENTS WE WOULD MAKE WITH RESPECT TO THE GOVERNMENT'S ACTIONS UNDER THE CONTRACT WOULD NECESSARILY BE PREMISED ON THOSE ADMINISTRATIVE COMMENTS. SINCE, FROM THE CONTENTS OF YOUR LETTER, IT DOES NOT APPEAR THAT YOU WOULD BE IN AGREEMENT WITH THE GOVERNMENT'S FACTUAL PRESENTATION, WE MAY CONCLUDE THAT THERE EXISTS THE POSSIBILITY OF FACTUAL DISPUTES.

IN VIEW THEREOF, YOU ARE ADVISED THAT THE RESOLUTION OF ANY FACTUAL DISPUTES ARISING UNDER YOUR CONTRACT IS A MATTER FOR THE CONTRACTING OFFICER TO CONSIDER AND DETERMINE UNDER THE "DISPUTES" CLAUSE OF YOUR CONTRACT (GENERAL PROVISION 12). MOREOVER, WHERE, AS HERE, THE "DISPUTES" CLAUSE IS APPLICABLE, THE PROCEDURES THEREIN MUST BE EXHAUSTED BEFORE RECOURSE MAY BE MADE TO EITHER OUR OFFICE OR THE COURTS. SEE 37 COMP. GEN. 568 (1958); B-164856, AUGUST 21, 1968.