B-150520, JAN. 10, 1963

B-150520: Jan 10, 1963

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INC.: REFERENCE IS MADE TO YOUR TELEGRAM OF DECEMBER 21. YOU WERE ADVISED BY THE CONTRACTING OFFICER ON DECEMBER 21. OF YOUR RIGHT TO APPEAL HIS DECISION OF THAT DATE THAT YOU WERE IN DEFAULT. YOU HAVE NOT APPEALED THE DECISION OF THE CONTRACTING OFFICER AS TO TERMINATION OF YOUR CONTRACT. ORDINARILY THE DECISION OF THE ARMED SERVICES BOARD OF CONTRACT APPEALS ON QUESTIONS OF FACT ARISING UNDER A CONTRACT IS FINAL AND CONCLUSIVE UPON THE PARTIES THERETO. THEREFORE WE WILL NOT TAKE ANY FURTHER ACTION ON YOUR PROTEST UNLESS AND UNTIL YOU HAVE EXHAUSTED YOUR ADMINISTRATIVE REMEDIES UNDER THE CONTRACT AND YOU WILL SO ADVISE US.

B-150520, JAN. 10, 1963

TO FUEL SERVICE OF ENTERPRISE, INC.:

REFERENCE IS MADE TO YOUR TELEGRAM OF DECEMBER 21, 1962, AND YOUR LETTER OF DECEMBER 28, 1962, PROTESTING THE ACTION OF THE DEFENSE PETROLEUM SUPPLY CENTER ON DECEMBER 21, 1962, IN TERMINATING YOUR RIGHT TO PROCEED UNDER CONTRACT NO. ASP-25339.

YOU WERE ADVISED BY THE CONTRACTING OFFICER ON DECEMBER 21, 1962, OF YOUR RIGHT TO APPEAL HIS DECISION OF THAT DATE THAT YOU WERE IN DEFAULT, AS PROVIDED IN CLAUSE 16 OF THE CONTRACT. THE ADMINISTRATIVE OFFICE HAS REPORTED THAT AS OF JANUARY 4, 1963, YOU HAVE NOT APPEALED THE DECISION OF THE CONTRACTING OFFICER AS TO TERMINATION OF YOUR CONTRACT. ORDINARILY THE DECISION OF THE ARMED SERVICES BOARD OF CONTRACT APPEALS ON QUESTIONS OF FACT ARISING UNDER A CONTRACT IS FINAL AND CONCLUSIVE UPON THE PARTIES THERETO. CONSEQUENTLY OUR OFFICE WOULD NOT BE WARRANTED AT THIS TIME IN CONSIDERING YOUR REQUEST FOR RELIEF INSOFAR AS IT MAY CONCERN DISPUTES INVOLVING QUESTIONS OF FACT. THEREFORE WE WILL NOT TAKE ANY FURTHER ACTION ON YOUR PROTEST UNLESS AND UNTIL YOU HAVE EXHAUSTED YOUR ADMINISTRATIVE REMEDIES UNDER THE CONTRACT AND YOU WILL SO ADVISE US.

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