B-217470, JAN 17, 1985, 85-1 CPD 50

B-217470, JAN 17, 1985, 85-1 CPD 50

CONTRACTS - MISTAKES - ALLEGATION AFTER AWARD DIGEST: MISTAKE IN BID CLAIMS ALLEGED AFTER AWARD ARE NOT CONSIDERED BY GAO SINCE THEY ARE CLAIMS "RELATING TO" CONTRACTS WITHIN THE MEANING OF THE CONTRACT DISPUTES ACT OF 1978, WHICH REQUIRES THAT ALL SUCH CLAIMS BE FILED WITH THE CONTRACTING OFFICER.

FIRE GUARD INC.:

FIRE GUARD INC. PROTESTS THE AWARD TO IT OF A CONTRACT FOR THE INSTALLATION OF A FIRE PROTECTION SPRINKLER SYSTEM UNDER AN INVITATION FOR BIDS FOR PROJECT NO. R-CO-85-137 ISSUED BY THE GENERAL SERVICES ADMINISTRATION (GSA). FIRE GUARD CONTENDS THAT GSA IMPROPERLY AWARDED IT THE CONTRACT AFTER THE AGENCY REFUSED TO PERMIT CORRECTION OF A MISTAKE IN FIRE GUARD'S BID, OR, IN THE ALTERNATIVE, TO ALLOW WITHDRAWAL OF THE BID.

WE DO NOT CONSIDER MISTAKE IN BID CLAIMS ALLEGED AFTER AWARD. SUCH MATTERS ARE CLAIMS "RELATING TO" CONTRACTS WITHIN THE MEANING OF THE CONTRACT DISPUTES ACT OF 1978, 41 U.S.C. SECS. 601-613 (1982), WHICH REQUIRES THAT ALL SUCH CLAIMS BE FILED WITH THE CONTRACTING OFFICER FOR DECISION. RAINEY'S SECURITY AGENCY, INC., B-214653, JULY 2, 1984, 84-2 CPD PARA. 96. FIRE GUARD'S MISTAKE CLAIM, FIRST BROUGHT TO OUR ATTENTION MORE THAN A MONTH AFTER CONTRACT AWARD, SHOULD BE FILED UNDER CONTRACT DISPUTES ACT PROCEDURES.

THE PROTEST IS DISMISSED.