B-207013, APR 19, 1982
Highlights
DIGEST: APPEAL OF CONTRACTING OFFICER'S FAILURE TO RENDER A DECISION ON CONTRACT CLAIM FILED PURSUANT TO CONTRACT DISPUTES ACT OF 1978 IS DISMISSED SINCE THE ACT REQUIRES ALL CLAIMS RELATING TO A CONTRACT TO BE FILED WITH CONTRACTING OFFICER WITH APPEAL TO EITHER BOARD OF CONTRACT APPEALS OR COURT OF CLAIMS. ARMADA STATES THAT ITS CLAIM WAS FILED UNDER THE CONTRACT DISPUTES ACT OF 1978. THE CLAIM IS DISMISSED.
B-207013, APR 19, 1982
DIGEST: APPEAL OF CONTRACTING OFFICER'S FAILURE TO RENDER A DECISION ON CONTRACT CLAIM FILED PURSUANT TO CONTRACT DISPUTES ACT OF 1978 IS DISMISSED SINCE THE ACT REQUIRES ALL CLAIMS RELATING TO A CONTRACT TO BE FILED WITH CONTRACTING OFFICER WITH APPEAL TO EITHER BOARD OF CONTRACT APPEALS OR COURT OF CLAIMS.
ARMADA, INCORPORATED:
ARMADA, INCORPORATED APPEALS THE "UNREASONABLE WITHHOLDING OF A FINAL DECISION" BY A CONTRACTING OFFICER OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES IN CONNECTION WITH A CLAIM FILED BY ARMADA RELATING TO ITS CONTRACT NO. 263-81-C-0032 FOR REFUSE COLLECTION.
ARMADA STATES THAT ITS CLAIM WAS FILED UNDER THE CONTRACT DISPUTES ACT OF 1978, 41 U.S.C. SECS. 601-613 (SUPP. III 1979). THAT ACT REQUIRES ALL CLAIMS RELATING TO A CONTRACT TO BE FILED WITH THE CONTRACTING OFFICER FOR A DECISION AND PERMITS SUBSEQUENT APPEALS TO THE BOARD OF CONTRACT APPEALS OR TO THE COURT OF CLAIMS. CONSEQUENTLY, WE DO NOT CONSIDER SUCH CLAIMS. SPHERE MANAGEMENT, INC., B-202976, MAY 26, 1981, 81-1 CPD 411.
THE CLAIM IS DISMISSED.