B-213703, NOV 29, 1983
Highlights
DIGEST: PROTEST CHALLENGING THE PROPRIETY OF THE DEFAULT TERMINATION OF A CONTRACT RAISES AN ISSUE CONCERNING CONTRACT ADMINISTRATION WHICH IS TO BE RESOLVED UNDER THE CONTRACT DISPUTES ACT OF 1978. THE TERMINATION OF A CONTRACT FOR DEFAULT IS A MATTER OF CONTRACT ADMINISTRATION AND ANY ISSUES PERTAINING TO SUCH A TERMINATION ARE TO BE RESOLVED UNDER THE CONTRACT DISPUTES ACT OF 1978. IT IS NOT AN ISSUE THAT WILL BE CONSIDERED UNDER OUR BID PROTEST PROCEDURES. WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD OR A PROPOSED AWARD COMPLIES WITH THE STATUTORY. THE PROTEST IS DISMISSED.
B-213703, NOV 29, 1983
DIGEST: PROTEST CHALLENGING THE PROPRIETY OF THE DEFAULT TERMINATION OF A CONTRACT RAISES AN ISSUE CONCERNING CONTRACT ADMINISTRATION WHICH IS TO BE RESOLVED UNDER THE CONTRACT DISPUTES ACT OF 1978, NOT UNDER GAO BID PROTEST PROCEDURES.
KINGSWAY CHEMICAL EQUIPMENT:
KINGSWAY CHEMICAL EQUIPMENT PROTESTS THE DEFAULT TERMINATION OF ITS CONTRACT (NO. DAAA08-83-C-0023) BY THE DEPARTMENT OF THE ARMY.
THE TERMINATION OF A CONTRACT FOR DEFAULT IS A MATTER OF CONTRACT ADMINISTRATION AND ANY ISSUES PERTAINING TO SUCH A TERMINATION ARE TO BE RESOLVED UNDER THE CONTRACT DISPUTES ACT OF 1978, 41 U.S.C. SEC. 601 ET SEQ. IT IS NOT AN ISSUE THAT WILL BE CONSIDERED UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1983), WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD OR A PROPOSED AWARD COMPLIES WITH THE STATUTORY, REGULATORY, AND OTHER LEGAL REQUIREMENTS FOR GOVERNMENT PROCUREMENT. RIVERPORT INDUSTRIES, B-210125, JANUARY 6, 1983, 83-1 CPD 13.
THE PROTEST IS DISMISSED.