B-181817, SEP 6, 1974

B-181817: Sep 6, 1974

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DISPUTE OVER WITHHOLDING FROM FINAL CONTRACT PAYMENT BECAUSE CUSTODIAL SERVICE CONTRACTOR DID NOT CLEAN EXTERIOR WINDOWS IS FOR RESOLUTION UNDER CONTRACT DISPUTES CLAUSE. THE AIR FORCE IS WITHHOLDING $2. RELIABLE ALLEGES THAT EXTERIOR WINDOW CLEANING WAS NOT REQUIRED UNDER THE CONTRACT. CONTRACT DISAGREEMENTS BETWEEN CONTRACTING PARTIES ARE FOR RESOLUTION UNDER THE STANDARD DISPUTES CLAUSE WHICH WE UNDERSTAND WAS INCLUDED IN THE CONTRACT. DECISIONS RENDERED UNDER THE DISPUTES CLAUSE ARE NOT SUBJECT TO REVIEW BY THIS OFFICE ABSENT FRAUD OR BAD FAITH.

B-181817, SEP 6, 1974

DISPUTE OVER WITHHOLDING FROM FINAL CONTRACT PAYMENT BECAUSE CUSTODIAL SERVICE CONTRACTOR DID NOT CLEAN EXTERIOR WINDOWS IS FOR RESOLUTION UNDER CONTRACT DISPUTES CLAUSE.

RELIABLE MAINTENANCE SERVICE, INC.:

BY LETTER OF JULY 10, 1974, WITH ENCLOSURE, RELIABLE MAINTENANCE SERVICE, INC. (RELIABLE), REQUESTED ASSISTANCE FROM THIS OFFICE IN CONNECTION WITH THE NONPAYMENT FOR CERTAIN SERVICES RENDERED ON CONTRACT NO. F41612-73-C- 0088 FOR CUSTODIAL SERVICES AT SHEPPARD AIR FORCE BASE, TEXAS.

ACCORDING TO RELIABLE, THE AIR FORCE IS WITHHOLDING $2,600 FROM RELIABLE'S FINAL CONTRACT PAYMENT BECAUSE IT DID NOT CLEAN EXTERIOR WINDOWS. RELIABLE ALLEGES THAT EXTERIOR WINDOW CLEANING WAS NOT REQUIRED UNDER THE CONTRACT.

CONTRACT DISAGREEMENTS BETWEEN CONTRACTING PARTIES ARE FOR RESOLUTION UNDER THE STANDARD DISPUTES CLAUSE WHICH WE UNDERSTAND WAS INCLUDED IN THE CONTRACT. DECISIONS RENDERED UNDER THE DISPUTES CLAUSE ARE NOT SUBJECT TO REVIEW BY THIS OFFICE ABSENT FRAUD OR BAD FAITH. S & E CONTRACTORS, INC. V. UNITED STATES, 406 U.S. 1 (1972); B-172531, JULY 22, 1974; 52 COMP. GEN. 63 (1972).

ACCORDINGLY, THE MATTER SHOULD BE PROCESSED PURSUANT TO THE TERMS OF THE DISPUTES CLAUSE OF THE CONTRACT.