B-213693, NOV 30, 1983
Highlights
WE WILL NOT CONSIDER THE PROTEST. WHICH IS FINAL UNLESS APPEALED BY THE CONTRACTOR. THE ONLY EXCEPTION TO OUR REVIEW RULE IS WHERE THE CANCELLATION WAS BASED ON A DETERMINATION THAT THE CONTRACT WAS IMPROPERLY AWARDED. PANASONIC DOES NOT CONTEND THAT THERE WAS ANYTHING IMPROPER ABOUT THE AWARD OF ITS CONTRACT. THE PROTEST IS DISMISSED.
B-213693, NOV 30, 1983
DIGEST: GAO GENERALLY DOES NOT REVIEW DISPUTES ABOUT CONTRACT CANCELLATIONS SINCE THEY INVOLVE MATTERS THAT MUST BE PROCESSED UNDER THE CONTRACT DISPUTES ACT OF 1978, WHICH REQUIRES INITIAL FILING WITH THE CONTRACTING OFFICER FOR A DECISION.
PANASONIC INDUSTRIAL COMPANY:
PANASONIC INDUSTRIAL COMPANY PROTESTS THE GENERAL SERVICES ADMINISTRATION'S (GSA) CANCELLATION OF THAT PART OF PANASONIC'S MULTIPLE AWARD FEDERAL SUPPLY SCHEDULE CONTRACT NO. GS00S-63478 COVERING TWO MODELS OF COPIERS. GSA EFFECTED THE CANCELLATION BECAUSE IT SUBSEQUENTLY AWARDED A CONTRACT TO ANOTHER FIRM FOR COMPARABLE COPIERS AT A SUBSTANTIALLY LOWER PRICE.
WE WILL NOT CONSIDER THE PROTEST.
OUR OFFICE GENERALLY DOES NOT REVIEW DISPUTES ABOUT CONTRACT CANCELLATIONS, SINCE SUCH DISPUTES MUST BE PURSUED UNDER THE CONTRACT DISPUTES ACT OF 1978, 41 U.S.C. SEC. 601 (1976). WALL IRRIGATION SERVICE, 61 COMP.GEN. 114 (1981), 82-1 CPD 100. THE ACT REQUIRES THAT A CLAIM RELATING TO A CONTRACT BE FILED WITH THE CONTRACTING OFFICER FOR A DECISION, WHICH IS FINAL UNLESS APPEALED BY THE CONTRACTOR. SEE CASCADE PACIFIC INTERNATIONAL, INC., B-208139, AUGUST 3, 1982, 82-2 CPD 113. THE ONLY EXCEPTION TO OUR REVIEW RULE IS WHERE THE CANCELLATION WAS BASED ON A DETERMINATION THAT THE CONTRACT WAS IMPROPERLY AWARDED. EVERGREEN HELICOPTERS, INC., B-202962, SEPTEMBER 28, 1981, 81-2 CPD 252. PANASONIC DOES NOT CONTEND THAT THERE WAS ANYTHING IMPROPER ABOUT THE AWARD OF ITS CONTRACT.
THE PROTEST IS DISMISSED.