B-173965, OCT 18, 1971

B-173965: Oct 18, 1971

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TO CRAMERCY MACHINE CORP.: REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 23 AND SEPTEMBER 15. ENCLOSED IS A COPY OF THAT PART OF THE ADMINISTRATIVE REPORT TO OUR OFFICE CONCERNING THE ALLEGATIONS RAISED IN YOUR COMPLAINT. YOU ARE ADVISED THAT THE RESOLUTION OF ANY FACTUAL DISPUTES ARISING UNDER YOUR CONTRACT INITIALLY IS A MATTER FOR THE CONTRACTING OFFICER TO CONSIDER AND DETERMINE UNDER THE "DISPUTES" CLAUSE OF YOUR CONTRACT. WHERE THE "DISPUTES" CLAUSE IS APPLICABLE.

B-173965, OCT 18, 1971

CONTRACTS - EXHAUSTION OF ADMINISTRATIVE REMEDIES DECISION CONCERNING COMPLAINT OF CRAMERCY MACHINE CORP. REGARDING CERTAIN ADMINISTRATIVE ACTIONS BY EDGEWOOD ARSENAL IN CONNECTION WITH CONTRACT BETWEEN THE TWO. ADVISING THAT AS A FACTUAL DISPUTE EXISTS THAT COMPAINTANT MUST EXHAUST IT'S ADMINISTRATIVE REMEDIES UNDER THE CONTRACT "DISPUTES" CLAUSE BEFORE RECOURSE MAY BE MADE TO GAO.

TO CRAMERCY MACHINE CORP.:

REFERENCE IS MADE TO YOUR LETTERS OF AUGUST 23 AND SEPTEMBER 15, 1971, WITH ENCLOSURES, IN WHICH YOU COMPLAIN OF CERTAIN CONTRACT ADMINISTRATIVE ACTIONS BY THE EDGEWOOD ARSENAL IN CONNECTION WITH CONTRACT NO. DAAA15-70- C-0486.

ENCLOSED IS A COPY OF THAT PART OF THE ADMINISTRATIVE REPORT TO OUR OFFICE CONCERNING THE ALLEGATIONS RAISED IN YOUR COMPLAINT. 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 LETTERS, 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 INITIALLY IS A MATTER FOR THE CONTRACTING OFFICER TO CONSIDER AND DETERMINE UNDER THE "DISPUTES" CLAUSE OF YOUR CONTRACT. MOREOVER, WHERE 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-171479, FEBRUARY 9, 1971.