B-191538, APR 13, 1978
Highlights
DETERMINATION TO TERMINATE CONTRACT FOR DEFAULT IS MATTER OF CONTRACT ADMINISTRATION UNDER DISPUTES CLAUSE OF CONTRACT AND NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES. 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 IN QUESTION. NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD. WE WILL NOT CONSIDER THE PROTEST ON ITS MERITS.
B-191538, APR 13, 1978
DETERMINATION TO TERMINATE CONTRACT FOR DEFAULT IS MATTER OF CONTRACT ADMINISTRATION UNDER DISPUTES CLAUSE OF CONTRACT AND NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES.
ENGINEERING SERVICE SYSTEMS, INC.:
BY TELEX DATED MARCH 25, 1978, ENGINEERING SERVICE SYSTEMS, INC. (ESSI), PROTESTS THE TERMINATION FOR DEFAULT OF CONTRACT NO. V6648-877, BY THE VETERANS ADMINISTRATION HOSPITAL (VA), SAN DIEGO, CALIFORNIA.
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 IN QUESTION, 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 PURE WATER & ECOLOGY PRODUCTS, INC., B-186067, APRIL 5, 1976, 76-1 CPD 225.
IN VIEW OF THE FOREGOING, WE WILL NOT CONSIDER THE PROTEST ON ITS MERITS.