B-182179, NOV 1, 1974

B-182179: Nov 1, 1974

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GAO WILL NOT ASSUME JURSDICTION OVER MATTER THAT IS PENDING BEFORE A BOARD OF CONTRACT APPEALS. NOR WILL IT PRECLUDE A CONTRACTING OFFICER FROM REPROCURING CONTRACT ITEMS FROM OTHER SOURCES WHERE CONTRACT HAS BEEN TERMINATED BY DEFAULT. WAS REJECTED AND CRITICIZED FOR WORKMANSHIP ***.". AMPLITRONICS CONTENDS THAT THE REJECTION WAS PREDICATED ON EXTREMELY TRIVIAL CHARACTERISTICS AND FOR MATTERS THAT ARE ALLOWABLE UNDER THE WORKMANSHIP TOLERANCES CONTRACTUALLY SPECIFIED. IT PROTESTS AGAINST A REPROCUREMENT OF THE REQUIREMENT IN QUESTION UNTIL SUCH INVESTIGATION IS COMPLETED. IT IS REPORTED THAT AMPLITRONICS FILED A TIMELY APPEAL FROM THE DEFAULT TERMINATION TO THE CONTRACTING OFFICER UNDER THE "DISPUTES" CLAUSE IN THE CONTRACT.

B-182179, NOV 1, 1974

GAO WILL NOT ASSUME JURSDICTION OVER MATTER THAT IS PENDING BEFORE A BOARD OF CONTRACT APPEALS, NOR WILL IT PRECLUDE A CONTRACTING OFFICER FROM REPROCURING CONTRACT ITEMS FROM OTHER SOURCES WHERE CONTRACT HAS BEEN TERMINATED BY DEFAULT.

AMPLITRONICS, INCORPORATED:

AMPLITRONICS, INCORPORATED, ENTERED INTO AN ACCUMULATIVE QUANTITY REQUIREMENTS CONTRACT NO. DAAH01-73-D-0199 AWARDED FEBRUARY 8, 1973, WITH THE U.S. ARMY MISSLE COMMAND, REDSTONE ARSENAL, ALABAMA, FOR AN INITIAL QUANTITY OF THIRTY-FIVE EACH COMPARATOR ANALOG, DATA, APN 10181603 AND ONE FIRST ARTICLE FOR THE IMPROVED HAWK SYSTEM. ON JULY 26, 1974, THE CONTRACTING OFFICER TERMINATED THE CONTRACT FOR DEFAULT ON THE GROUNDS THAT THE CONTRACTOR HAD FAILED TO DELIVER AN ACCEPTABLE FIRST ARTICLE IN ACCORDANCE WITH CONTRACT REQUIREMENTS.

AMPLITRONICS STATES THAT IT DELIVERED A SAMPLE UNIT WHICH TOTALLY "COMPLIED CONTRACTUALLY ***, BUT WAS REJECTED AND CRITICIZED FOR WORKMANSHIP ***." AMPLITRONICS CONTENDS THAT THE REJECTION WAS PREDICATED ON EXTREMELY TRIVIAL CHARACTERISTICS AND FOR MATTERS THAT ARE ALLOWABLE UNDER THE WORKMANSHIP TOLERANCES CONTRACTUALLY SPECIFIED. IN ADDITION, AMPLITRONICS SUGGESTS AN INVESTIGATION BE MADE OF REDSTONE'S PRACTICES, AND IT PROTESTS AGAINST A REPROCUREMENT OF THE REQUIREMENT IN QUESTION UNTIL SUCH INVESTIGATION IS COMPLETED.

IT IS REPORTED THAT AMPLITRONICS FILED A TIMELY APPEAL FROM THE DEFAULT TERMINATION TO THE CONTRACTING OFFICER UNDER THE "DISPUTES" CLAUSE IN THE CONTRACT, AND THE APPEAL WAS DULY FORWARDED TO THE ARMED SERVICES BOARD OF CONTRACT APPEALS, THE PROPER FORUM FOR RESOLVING SUCH DISPUTES.

AS TO THE REQUEST THAT THE ARMY BE PRECLUDED FROM PROCEEDING WITH ANY REPROCUREMENT OR PROCUREMENT OF THE ITEM HERE INVOLVED PENDING RESOLUTION OF THIS MATTER, WE ARE AWARE OF NO BASIS FOR RESTRICTING THE ARMY IN THIS MANNER.

SINCE IT IS PENDING BEFORE THE BOARD, WE WILL NOT ASSUME JURISDICTION OVER THE MATTER.