B-223435, B-223436, B-223437, JUL 15, 1986, 86-2 CPD 70

B-223435,B-223437,B-223436: Jul 15, 1986

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GENERAL ACCOUNTING OFFICE - JURISDICTION - CONTRACTS - DEFAULTS AND TERMINATIONS - MATTER OF CONTRACT ADMINISTRATION DIGEST: COMPLAINT THAT CONTRACT WAS IMPROPERLY TERMINATED FOR DEFAULT IS DISMISSED SINCE. IT IS NOT FOR CONSIDERATION BY THE GENERAL ACCOUNTING OFFICE UNDER ITS BID PROTEST REGULATIONS. IS TO BE RESOLVED UNDER THE DISPUTES CLAUSE OF THE CONTRACT IN QUESTION. ST&E ALSO COMPLAINS OF THE DEPARTMENT OF AGRICULTURE'S (USDA) TERMINATION FOR DEFAULT OF TWO SBIR PROGRAM GRANTS WHICH WERE AWARDED TO ST&E UNDER SOLICITATION NO. THESE PROJECTS WERE FOR CHEMICAL ANALYSIS TECHNOLOGY RESEARCH. THE PROTESTS ARE DISMISSED. ST&E HAD FALSELY REPRESENTED THAT NO SIMILAR PROPOSALS OR AWARD WAS FUNDED.

B-223435, B-223436, B-223437, JUL 15, 1986, 86-2 CPD 70

GENERAL ACCOUNTING OFFICE - JURISDICTION - CONTRACTS - DEFAULTS AND TERMINATIONS - MATTER OF CONTRACT ADMINISTRATION DIGEST: COMPLAINT THAT CONTRACT WAS IMPROPERLY TERMINATED FOR DEFAULT IS DISMISSED SINCE, AS A MATTER OF CONTRACT ADMINISTRATION, IT IS NOT FOR CONSIDERATION BY THE GENERAL ACCOUNTING OFFICE UNDER ITS BID PROTEST REGULATIONS, BUT IS TO BE RESOLVED UNDER THE DISPUTES CLAUSE OF THE CONTRACT IN QUESTION. THE SAME PRINCIPLE APPLIES TO THE TERMINATION OF A GRANT FOR DEFAULT.

ST&E TECHNICAL SERVICES, INC.:

ST&E TECHNICAL SERVICES, INC. (ST&E), PROTESTS THE ACTION OF THE DEPARTMENT OF ENERGY (DOE) TERMINATING FOR DEFAULT A SMALL BUSINESS INNOVATIVE RESEARCH (SBIR) PROGRAM CONTRACT AWARDED TO ST&E UNDER SOLICITATION NO. DOE/SBIR 85-1. ST&E ALSO COMPLAINS OF THE DEPARTMENT OF AGRICULTURE'S (USDA) TERMINATION FOR DEFAULT OF TWO SBIR PROGRAM GRANTS WHICH WERE AWARDED TO ST&E UNDER SOLICITATION NO. USDA/SBIR 85 1. THESE PROJECTS WERE FOR CHEMICAL ANALYSIS TECHNOLOGY RESEARCH. THE PROTESTS ARE DISMISSED.

THE TWO AGENCIES TERMINATED THE AWARDS TO ST&E AFTER CONCLUDING THAT, IN THE PROPOSALS IT SUBMITTED TO DOE AND USDA, ST&E HAD FALSELY REPRESENTED THAT NO SIMILAR PROPOSALS OR AWARD WAS FUNDED, PENDING, OR ABOUT TO BE SUBMITTED TO OTHER AGENCIES. ACCORDING TO DOE AND USDA, THE PROPOSALS FOR WHICH AWARDS WERE TO BE MADE TO ST&E ARE ESSENTIALLY IDENTICAL. ST&E CONTENDS THAT THE PROPOSALS ARE DIFFERENT.

WE HAVE HELD THAT THE PROPRIETY OF AN AGENCY'S DECISION TO TERMINATE A CONTRACT FOR DEFAULT IS A MATTER OF CONTRACT ADMINISTRATION WHICH IS TO BE RESOLVED UNDER THE DISPUTES CLAUSE OF THE CONTRACT IN QUESTION. AIR INC., B-217541, JAN. 25, 1985, 85-1 CPD PARA. 104; AFF'D ON RECONSIDERATION, B-218179.2, APR. 10, 1985, 85-1 CPD PARA. 409. UNDER OUR BID PROTEST REGULATIONS, MATTERS OF CONTRACT ADMINISTRATION ARE NOT FOR CONSIDERATION BY THIS OFFICE. 4 C.F.R. SEC. 21.3(F)(1) (1986). THE SAME PRINCIPLE APPLIES TO THE USDA'S TERMINATION FOR DEFAULT OF ITS GRANT TO ST&E. WE HAVE NOT CONSIDERED AND DO NOT CONSIDER COMPLAINTS CONCERNING EITHER THE AWARD OF GRANTS OR THEIR ADMINISTRATION. SEE CIVIC ACTION INSTITUTE, B-206272.3, AUG. 29, 1984, 84-2 CPD PARA. 235.

THE PROTESTS ARE DISMISSED.