B-193309, NOVEMBER 13, 1978
Highlights
DIGEST: DETERMINATION TO TERMINATE CONTRACT FOR DEFAULT IS MATTER OF CONTRACT ADMINISTRATION ANY DISPUTE CONCERNING WHICH MUST BE CONSIDERED UNDER DISPUTES CLAUSE OF CONTRACT RATHER THAN UNDER GAO BID PROTEST PROCEDURES. THE QUESTION OF WHETHER A CONTRACT SHOULD BE TERMINATED FOR DEFAULT IS A MATTER OF CONTRACT ADMINISTRATION. IT IS NOT FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES. WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD.
B-193309, NOVEMBER 13, 1978
DIGEST: DETERMINATION TO TERMINATE CONTRACT FOR DEFAULT IS MATTER OF CONTRACT ADMINISTRATION ANY DISPUTE CONCERNING WHICH MUST BE CONSIDERED UNDER DISPUTES CLAUSE OF CONTRACT RATHER THAN UNDER GAO BID PROTEST PROCEDURES.
FARWEST SPECIAL PRODUCTS, INC.:
FARWEST SPECIAL PRODUCTS, INC. (FARWEST), PROTESTS THE TERMINATION FOR DEFAULT OF CONTRACT NO. DOT-FA78C-8042 BY THE FEDERAL AVIATION ADMINISTRATION. FARWEST ARGUES THAT THE TERMINATION WOULD NOT BE IN THE BEST INTEREST OF THE GOVERNMENT.
THE QUESTION OF WHETHER A CONTRACT SHOULD BE TERMINATED FOR DEFAULT IS A MATTER OF CONTRACT ADMINISTRATION, ANY DISPUTE CONCERNING WHICH MUST BE CONSIDERED UNDER THE PROCEDURES SET FORTH IN THE DISPUTES CLAUSE OF THE CONTRACT IN QUESTION; IT IS 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; ENGINEERING SERVICE SYSTEMS, INC., B-191538, APRIL 13, 1978, 78-1 CPD 285.
ACCORDINGLY, WE MUST DECLINE TO CONSIDER THE PROTEST ON ITS MERITS.