B-168634, OCT. 12, 1970
Highlights
WE ADVISED YOU THAT OUR REVIEW OF THE MATTER WAS NOT PROPER AT THAT TIME SINCE AN APPEAL FROM THE CONTRACTING OFFICER'S DECISION TO TERMINATE THE CONTRACT WAS PRESENTLY PENDING BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS (ASBCA). THE CONTRACTING OFFICER WAS DIRECTED BY HIGHER AUTHORITY TO SUSPEND FURTHER ACTION PENDING AN ATTEMPT TO RESOLVE THE DISPUTE AS TO THE VALIDITY OF THE DEFAULT TERMINATION OF YOUR CONTRACT. THE CIRCUMSTANCES ARE MORE FULLY STATED IN OUR DECISION B-168634. A COPY OF WHICH IS ENCLOSED FOR YOUR REFERENCE.). AWARD WAS MADE TO RCA ON JULY 27. WE HAVE REVIEWED THE CONTENTIONS RAISED IN YOUR LETTER OF JULY 29. IN LIGHT OF THE FACT THAT AN APPEAL IS STILL PENDING BEFORE THE ASBCA ON THE DEFAULT TERMINATION OF YOUR CONTRACT.
B-168634, OCT. 12, 1970
DEFAULT TERMINATION DENIAL OF PROTEST AGAINST DEFAULT TERMINATION OF CONTRACT WITH SACRAMENTO ARMY DEPOT AND AWARD TO RADIO CORPORATION OF AMERICA. WHERE CONTRACTING OFFICER SUSPENDS REPROCUREMENT ACTION IN AN ATTEMPT TO RESOLVE DISPUTE AS TO VALIDITY OF DEFAULT TERMINATION OF CONTRACT, AND SUCH ATTEMPT HAS BEEN FUTILE, AN APPEAL FROM THE CONTRACTING OFFICER'S DECISION TO TERMINATE PENDING BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS MAKES ANY ACTION BY COMP. GEN. IMPROPER AT THIS TIME.
TO STANDARD ELECTRONICS CORPORATION:
WE REFER TO YOUR LETTER, WITH ENCLOSURES, OF JULY 29, 1970, AND PRIOR CORRESPONDENCE, PROTESTING AGAINST THE AWARD OF A REPROCUREMENT CONTRACT TO THE RADIO CORPORATION OF AMERICA (RCA) BY THE SACRAMENTO ARMY DEPOT SUBSEQUENT TO THE DEFAULT TERMINATION OF YOUR CONTRACT NO. DAAG08-69-C- 1531.
YOU INITIALLY PROTESTED THE DEFAULT TERMINATION OF THE SUBJECT CONTRACT AND THE PROPOSED REPROCUREMENT ACTION TO OUR OFFICE IN DECEMBER 1969. LETTER DATED JANUARY 16, 1970, WE ADVISED YOU THAT OUR REVIEW OF THE MATTER WAS NOT PROPER AT THAT TIME SINCE AN APPEAL FROM THE CONTRACTING OFFICER'S DECISION TO TERMINATE THE CONTRACT WAS PRESENTLY PENDING BEFORE THE ARMED SERVICES BOARD OF CONTRACT APPEALS (ASBCA).
HOWEVER, PRIOR TO AWARD OF THE REPROCUREMENT CONTRACT TO RCA, THE CONTRACTING OFFICER WAS DIRECTED BY HIGHER AUTHORITY TO SUSPEND FURTHER ACTION PENDING AN ATTEMPT TO RESOLVE THE DISPUTE AS TO THE VALIDITY OF THE DEFAULT TERMINATION OF YOUR CONTRACT. (IN THIS REGARD, THE CIRCUMSTANCES ARE MORE FULLY STATED IN OUR DECISION B-168634, JUNE 5, 1970, A COPY OF WHICH IS ENCLOSED FOR YOUR REFERENCE.) BY LETTERS DATED JULY 7 AND 29, 1970, THE ASSISTANT GENERAL COUNSEL, HEADQUARTERS ARMY MATERIEL COMMAND, ADVISED OUR OFFICE THAT EFFORTS TO RESOLVE THE MATTER HAD BEEN UNSUCCESSFUL AND THAT, ACCORDINGLY, AWARD WAS MADE TO RCA ON JULY 27, 1970.
WE HAVE REVIEWED THE CONTENTIONS RAISED IN YOUR LETTER OF JULY 29, 1970, IN LIGHT OF THE FACT THAT AN APPEAL IS STILL PENDING BEFORE THE ASBCA ON THE DEFAULT TERMINATION OF YOUR CONTRACT, AND WE MUST CONCLUDE THAT ANY ACTION BY OUR OFFICE IS NOT PROPER AT THIS TIME FOR THE REASONS STATED IN OUR LETTER OF JANUARY 16, 1970.