B-200606, OCT 17, 1980
Highlights
DIGEST: CLAIM FOR CONTRACT PRICE INCREASE BASED ON ALLEGED GOVERNMENT DELAY IS MATTER FOR RESOLUTION UNDER DISPUTES CLAUSE OF CONTRACT AND NOT BY GAO. THIS MATTER IS PROPERLY FOR RESOLUTION PURSUANT TO THE TERMS OF THE DISPUTES CLAUSE OF THE CONTRACT RATHER THAN BY THIS OFFICE.
B-200606, OCT 17, 1980
DIGEST: CLAIM FOR CONTRACT PRICE INCREASE BASED ON ALLEGED GOVERNMENT DELAY IS MATTER FOR RESOLUTION UNDER DISPUTES CLAUSE OF CONTRACT AND NOT BY GAO.
MIL-STD CORP.:
MIL-STD CORP. REQUESTS OUR ASSISTANCE IN RESOLVING A CLAIM BETWEEN IT AND THE U. S. ARMY TANK AUTHOMOTIVE MATERIEL READINESS COMMAND (USATARCOM) UNDER CONTRACT NO. DAAE077-8-C-0823. MIL-STD CONTENDS THAT A GOVERNMENT DELAY ENTITLES IT TO A PRICE INCREASE.
THIS MATTER IS PROPERLY FOR RESOLUTION PURSUANT TO THE TERMS OF THE DISPUTES CLAUSE OF THE CONTRACT RATHER THAN BY THIS OFFICE, CONSOLIDATED MAINTENANCE COMPANY, B-197009, DECEMBER 19, 1979, 79-2 CPD 426, AND THEREFORE SHOULD BE PURSUED ADMINISTRATIVELY WITH THE CONTRACTING OFFICER AND, IF THE CONTRACTOR SO ELECTS, UNDER THE PROVISIONS OF THE CONTRACTS DISPUTES ACT, 41 U.S.C.A. SEC. 601-13 (SUPP. 1980).