B-183394, APR 4, 1975

B-183394: Apr 4, 1975

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DILLON TOTAL MAINTENANCE (DILLON) WAS AWARDED CONTRACT NO. DILLON CONTENDS THAT ITS TERMINATION RESULTED FROM UNFAIR TREATMENT THROUGHOUT THE DURATION OF THE CONTRACT AND THAT ITS PERFORMANCE UNDER THE CONTRACT WAS HAMPERED BY GOVERNMENT ACTION. ALSO REQUESTS THAT WE PRECLUDE DSA FROM REPROCURING THE SERVICES IN QUESTION UNTIL THE INVESTIGATION AND HEARING ARE COMPLETED. WE HAVE BEEN INFORMALLY ADVISED THAT DILLON HAS FILED A TIMELY APPEAL FROM THE DEFAULT TERMINATION TO THE ARMED SERVICES BOARD OF CONTRACT APPEALS (ASBCA) UNDER THE "DISPUTES" CLAUSE IN THE CONTRACT. THAT IS A MATTER OF THE ASBCA RATHER THAN THIS OFFICE. WE ARE AWARE OF NO BASIS FOR RESTRICTING DSA IN THIS MANNER. WE ARE UNABLE TO TAKE ANY ACTION ON THIS PROTEST AND ARE CLOSING OUR FILE ON THE MATTER.

B-183394, APR 4, 1975

PROTEST AGAINST REPROCUREMENT ON BASIS THAT IT RESULTED FROM AN UNWARRANTED TERMINATION OF PROTESTER'S CONTRACT FOR DEFAULT SHOULD BE RESOLVED THROUGH CONTRACTUAL "DISPUTES" PROCEDURE RATHER THAN BY GAO.

DILLON TOTAL MAINTENANCE:

IN JULY 1974, DILLON TOTAL MAINTENANCE (DILLON) WAS AWARDED CONTRACT NO. DSA140-75-C-0001 BY THE DEFENSE PERSONNEL SUPPORT CENTER (DPSC), PHILADELPHIA, PENNSYLVANIA FOR JANITORIAL SERVICES. ON MARCH 7, 1975, THE CONTRACTING OFFICER INFORMED DILLON THAT ITS CONTRACT HAD BEEN TERMINATED FOR DEFAULT.

DILLON CONTENDS THAT ITS TERMINATION RESULTED FROM UNFAIR TREATMENT THROUGHOUT THE DURATION OF THE CONTRACT AND THAT ITS PERFORMANCE UNDER THE CONTRACT WAS HAMPERED BY GOVERNMENT ACTION. ACCORDINGLY, DILLON REQUESTS THAT THIS OFFICE CONDUCT AN INVESTIGATION INTO AND A FULL HEARING ON THIS MATTER, AND ALSO REQUESTS THAT WE PRECLUDE DSA FROM REPROCURING THE SERVICES IN QUESTION UNTIL THE INVESTIGATION AND HEARING ARE COMPLETED.

WE HAVE BEEN INFORMALLY ADVISED THAT DILLON HAS FILED A TIMELY APPEAL FROM THE DEFAULT TERMINATION TO THE ARMED SERVICES BOARD OF CONTRACT APPEALS (ASBCA) UNDER THE "DISPUTES" CLAUSE IN THE CONTRACT. TO THE EXTENT THAT DILLON'S CONCERN INVOLVES THE DEFAULT TERMINATION, THAT IS A MATTER OF THE ASBCA RATHER THAN THIS OFFICE. SEE S&E CONTRACTORS, INC. V. UNITED STATES, 406 U.S. 1 (1972); MATTER OF AMPLITRONICS, INC., B-182179, NOVEMBER 1, 1974.

CONCERNING DILLON'S REQUEST THAT DSA BE PRECLUDED FROM PROCEEDING WITH ANY REPROCUREMENT OF THE SERVICES HERE INVOLVED PENDING RESOLUTION OF THIS MATTER, WE ARE AWARE OF NO BASIS FOR RESTRICTING DSA IN THIS MANNER. MATTER OF ALLIED RESEARCH ASSOCIATES, INC., B-181092, JULY 5, 1974.

ACCORDINGLY, WE ARE UNABLE TO TAKE ANY ACTION ON THIS PROTEST AND ARE CLOSING OUR FILE ON THE MATTER.