B-194705, MAY 11, 1979

B-194705: May 11, 1979

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DIGEST: PROTEST AGAINST TERMINATION OF CONTRACT FOR DEFAULT IS DISMISSED SINCE SUCH DECISION IS MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION UNDER DISPUTES CLAUSE OF CONTRACT AND NOT REVIEWABLE BY GAO UNDER BID PROTEST PROCEDURES. THE QUESTION OF WHETHER A CONTRACT SHOULD BE TERMINATED IS A MATTER OF CONTRACT ADMINISTRATION FOR CONSIDERATION UNDER THE DISPUTES CLAUSE OF THE CONTRACT. NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD. WILL NOT BE CONSIDERED ON THE MERITS BY OUR OFFICE.

B-194705, MAY 11, 1979

DIGEST: PROTEST AGAINST TERMINATION OF CONTRACT FOR DEFAULT IS DISMISSED SINCE SUCH DECISION IS MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION UNDER DISPUTES CLAUSE OF CONTRACT AND NOT REVIEWABLE BY GAO UNDER BID PROTEST PROCEDURES.

MARK A. CARROLL AND SON, INC.:

MARK A. CARROLL AND SON, INC. (CARROLL), PROTESTS THE TERMINATION FOR DEFAULT OF ITS CONTRACT NO. V608C-183, BY THE VETERANS ADMINISTRATION HOSPITAL (VA), MANCHESTER, NEW HAMPSHIRE. THE DEFAULT TERMINATION OCCURRED ON APRIL 16, 1979, EFFECTIVE APRIL 25, 1979.

THE QUESTION OF WHETHER A CONTRACT SHOULD BE TERMINATED IS A MATTER OF CONTRACT ADMINISTRATION FOR CONSIDERATION UNDER THE DISPUTES CLAUSE OF THE CONTRACT, AND 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. SEE ENGINEERING SERVICE SYSTEMS, INC., B-191538, APRIL 13, 1978, 78-1 CPD 285.

THE MATTER, THEREFORE, WILL NOT BE CONSIDERED ON THE MERITS BY OUR OFFICE.