B-217252, DEC 24, 1984, OFFICE OF GENERAL COUNSEL

B-217252: Dec 24, 1984

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DONALDSON: THIS IS IN RESPONSE TO YOUR NOVEMBER 27. THE MATTER WHICH YOU RAISE IS ONE OF CONTRACT ADMINISTRATION. WHICH IS THE RESPONSIBILITY OF THE PROCURING AGENCY. 000 WITHIN 60 DAYS AFTER RECEIVING A WRITTEN REQUEST FROM THE CONTRACTOR FOR A DECISION WITHIN THAT PERIOD IS DEEMED TO BE A DENIAL OF THE CLAIM. THE APPLICABLE LAW IS SET FORTH IN THE CONTRACT DISPUTES ACT OF 1978.

B-217252, DEC 24, 1984, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

MR. M.C. DONALDSON DELTA ELECTRIC CONSTRUCTION COMPANY 10750 IOTA DRIVE SAN ANTONIO, TEXAS 78217

DEAR MR. DONALDSON:

THIS IS IN RESPONSE TO YOUR NOVEMBER 27, 1984 LETTER TO THE COMPTROLLER GENERAL, REQUESTING ASSISTANCE IN OBTAINING A TIMELY RESPONSE TO YOUR CLAIM UNDER THE DISPUTES CLAUSE OF YOUR CONTRACT WITH THE AIR FORCE.

THE MATTER WHICH YOU RAISE IS ONE OF CONTRACT ADMINISTRATION. OUR OFFICE PLAYS NO ROLE IN THE ADMINISTRATION INDIVIDUAL CONTRACTS, WHICH IS THE RESPONSIBILITY OF THE PROCURING AGENCY. THEREFORE, WE CANNOT PROVIDE THE ASSISTANCE YOU SEEK.

PLEASE NOTE, HOWEVER, THAT THE FAILURE OF A CONTRACTING OFFICER TO ISSUE A DECISION ON A CONTRACT CLAIM OF UNDER $50,000 WITHIN 60 DAYS AFTER RECEIVING A WRITTEN REQUEST FROM THE CONTRACTOR FOR A DECISION WITHIN THAT PERIOD IS DEEMED TO BE A DENIAL OF THE CLAIM. THIS AUTHORIZES THE COMMENCEMENT OF AN APPEAL OR LAWSUIT ON THE CLAIM TO THE ARMED SERVICES BOARD OF CONTRACT APPEALS OR TO THE U.S. CLAIMS COURT. THE APPLICABLE LAW IS SET FORTH IN THE CONTRACT DISPUTES ACT OF 1978, 41 U.S.C. SECS. 605(C)(1), (5), 606, 609(A)(1) (1982).