B-215789, JUL 31, 1984, 84-2 CPD
Highlights
CONTRACTS - DISPUTES - SETTLEMENT - ADMINISTRATIVE - UNDER DISPUTES CLAUSE DIGEST: REQUEST THAT GAO INTERVENE IN A DISPUTE WITH THE GENERAL SERVICES ADMINISTRATION UNDER A CONTRACT IS FOR RESOLUTION UNDER THE DISPUTES CLAUSE OF THE CONTRACT AND NOT UNDER GAO'S BID PROTEST PROCEDURES. WHETHER OR NOT SUNNYBROOK IS PERFORMING UNSATISFACTORILY IS A DISPUTE ARISING UNDER THE CONTRACT. OUR BID PROTEST PROCEDURES ARE RESERVED FOR CONSIDERING WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY. THE REQUEST IS DISMISSED.
B-215789, JUL 31, 1984, 84-2 CPD
CONTRACTS - DISPUTES - SETTLEMENT - ADMINISTRATIVE - UNDER DISPUTES CLAUSE DIGEST: REQUEST THAT GAO INTERVENE IN A DISPUTE WITH THE GENERAL SERVICES ADMINISTRATION UNDER A CONTRACT IS FOR RESOLUTION UNDER THE DISPUTES CLAUSE OF THE CONTRACT AND NOT UNDER GAO'S BID PROTEST PROCEDURES.
SUNNYBROOK CONTRACTORS:
SUNNYBROOK CONTRACTORS (SUNNYBROOK) REQUESTS OUR OFFICE TO INTERVENE IN ITS DISPUTE WITH THE GENERAL SERVICES ADMINISTRATION (GSA) CONCERNING PERFORMANCE UNDER A GSA CONTRACT.
WHETHER OR NOT SUNNYBROOK IS PERFORMING UNSATISFACTORILY IS A DISPUTE ARISING UNDER THE CONTRACT, WHICH MUST BE SETTLED PURSUANT TO THE DISPUTES CLAUSE OF THE CONTRACT. OUR BID PROTEST PROCEDURES ARE RESERVED FOR CONSIDERING WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY, AND OTHER LEGAL REQUIREMENTS. THIS AUTHORITY DOES NOT INCLUDE INTERVENTION BETWEEN A CONTRACTOR AND A CONTRACTING AGENCY FOR THE PURPOSE OF RESOLVING A DISPUTE ARISING UNDER A CONTRACT. SEE CONSOLIDATED MAINTENANCE COMPANY, B-197009, DEC. 19, 1979, 79-2 CPD PARA. 426.
ACCORDINGLY, THE REQUEST IS DISMISSED.