B-193175 L/M, MAR 16, 1983
Highlights
HOUSE OF REPRESENTATIVES: THIS IS IN RESPONSE TO YOUR LETTER OF FEBRUARY 8. CONTRACT DISPUTES ARE NORMALLY RESOLVED THROUGH THE STANDARD DISPUTES CLAUSE PROCEDURES OF A CONTRACT. LAKA'S CLAIMS WERE CONSIDERED BY THE CONTRACTING OFFICER. THE COURT FOUND THAT LAKA WAS ENTITLED TO SOME COMPENSATION FOR CERTAIN WORK LAKA PERFORMED AND ALSO DETERMINED THE ARMY WAS ENTITLED TO RECOVER PROGRESS PAYMENTS PAID TO LAKA. LEGAL REVIEW OF THE CLAIM BY OUR OFFICE IS PRECLUDED. SINCE THE ISSUES CONCERNING LAKA'S CONTRACT DISPUTE WITH THE ARMY HAVE BEEN RESOLVED BY A COURT OF COMPETENT JURISDICTION.
B-193175 L/M, MAR 16, 1983
PRECIS-UNAVAILABLE
NORMAN F. LENT, HOUSE OF REPRESENTATIVES:
THIS IS IN RESPONSE TO YOUR LETTER OF FEBRUARY 8, 1983, REQUESTING THAT WE REVIEW A CONTRACT DISPUTE BETWEEN LAKA TOOL AND STAMPING CO. (LAKA) AND THE DEPARTMENT OF THE ARMY. YOU ALSO ASK THAT LAKA BE COMPENSATED FOR INJURIES SUSTAINED BECAUSE OF THE ARMY'S ALLEGED IMPROPER HANDLING OF THIS CONTRACT.
CONTRACT DISPUTES ARE NORMALLY RESOLVED THROUGH THE STANDARD DISPUTES CLAUSE PROCEDURES OF A CONTRACT, NOT BY OUR OFFICE. TENAVISION, INC, B-208857, SEPTEMBER 21, 1982, 82-2 CPD 256; MIL-STD CORP., B-200606, OCTOBER 17, 1980, 80-2 CPD 295. THE CORRESPONDENCE SHOWS THAT LAKA PURSUED ITS CLAIMS UNDER THE CONTRACT DISPUTES PROCEDURES. LAKA'S CLAIMS WERE CONSIDERED BY THE CONTRACTING OFFICER, THE ARMED SERVICES BOARD OF CONTRACT APPEALS, AND THE UNITED STATES COURT OF CLAIMS IN LAKA TOOL AND STAMPING CO. V. UNITED STATES, 639 F.2D 738 (CT.CL. 1980), AFFIRMED ON REHEARING, 650 F.2D 270 (CT.CL. 1981). THE COURT OF CLAIMS DECISION RESOLVED THE CONTRACT DISPUTE. THE COURT FOUND THAT LAKA WAS ENTITLED TO SOME COMPENSATION FOR CERTAIN WORK LAKA PERFORMED AND ALSO DETERMINED THE ARMY WAS ENTITLED TO RECOVER PROGRESS PAYMENTS PAID TO LAKA, BUT NOT EARNED.
WHERE A COURT OF COMPETENT JURISDICTION HAS ISSUED A FINAL ORDER DISPOSING OF THE MATERIAL ISSUES RAISED BY A CLAIM, LEGAL REVIEW OF THE CLAIM BY OUR OFFICE IS PRECLUDED. CF. TECHNICOLOR GOVERNMENT SERVICES, INC., B-208721, DECEMBER 23, 1982, 82-2 CPD 570.
SINCE THE ISSUES CONCERNING LAKA'S CONTRACT DISPUTE WITH THE ARMY HAVE BEEN RESOLVED BY A COURT OF COMPETENT JURISDICTION, WE PLAN NO FURTHER ACTION ON YOUR REQUEST.