B-201026, NOV 18, 1980

B-201026: Nov 18, 1980

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OAI CONTENDS THAT ITS FAILURE TO COMPLY WITH THE TERMS OF THE CONTRACT WAS DUE IN LARGE MEASURE TO ACTS AND FAILURES TO ACT ON THE PART OF THE GOVERNMENT AND THAT THE TERMINATION IS UNWARRANTED. THE QUESTION OF WHETHER A CONTRACT SHOULD BE TERMINATED FOR DEFAULT IS A MATTER OF CONTRACT ADMINISTRATION FOR CONSIDERATION UNDER THE PROCEDURES SET FORTH IN THE DISPUTES CLAUSE OF THE CONTRACT AND IS NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES. WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD.

B-201026, NOV 18, 1980

DIGEST: OBJECTION TO TERMINATION OF CONTRACT FOR DEFAULT INVOLVES MATTER OF CONTRACT ADMINISTRATION PROPERLY FOR CONSIDERATION UNDER DISPUTES CLAUSE OF CONTRACT RATHER THAN BY GAO UNDER BID PROTEST PROCEDURES.

OKLAHOMA AEROTRONICS, INC:

OKLAHOMA AEROTRONICS, INC. (OAI), PROTESTS THE TERMINATION FOR DEFAULT OF CONTRACT NO. F04606-77-C-0821-PZ0003 BY THE DEPARTMENT OF THE AIR FORCE.

OAI CONTENDS THAT ITS FAILURE TO COMPLY WITH THE TERMS OF THE CONTRACT WAS DUE IN LARGE MEASURE TO ACTS AND FAILURES TO ACT ON THE PART OF THE GOVERNMENT AND THAT THE TERMINATION IS UNWARRANTED.

THE QUESTION OF WHETHER A CONTRACT SHOULD BE TERMINATED FOR DEFAULT IS A MATTER OF CONTRACT ADMINISTRATION FOR CONSIDERATION UNDER THE PROCEDURES SET FORTH IN THE DISPUTES CLAUSE OF THE CONTRACT AND IS NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES, WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD, OR PROPOSED AWARD, OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY, AND OTHER LEGAL REQUIREMENTS. QES/QUALITY ENVIRONMENT SYSTEMS, INC., B-195115, JULY 3, 1979, 79-2 CPD 7; FARWEST SPECIAL PRODUCTS, INC., B-193309, NOVEMBER 13, 1978, 78-2 CPD 342.

ACCORDINGLY, WE MUST DECLINE TO CONSIDER THE PROTEST ON ITS MERITS.