B-152775, OCT. 9, 1964
Highlights
MACDONALD AND VARIAN: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12. THERE IS ENCLOSED A COPY OF OUR DECISION OF TODAY TO THE ADMINISTRATOR. IT WILL BE NOTED THAT THE DECISION HOLDS THAT NOTWITHSTANDING A FAILURE TO TIMELY APPEAL FROM A DETERMINATION OF DEFAULT AND TERMINATION OF CONTRACT.
B-152775, OCT. 9, 1964
TO LEWIS, MACDONALD AND VARIAN:
REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 12, 1963, IN BEHALF OF ALLIED PAINT AND COLOR WORKS, INC., BRONX, NEW YORK, REQUESTING OUR OFFICE TO EXERCISE ITS AUTHORITY UNDER 31 U.S.C. 71 TO RELIEVE THE CONTRACTOR OF THE ASSESSMENT FOR EXCESS COSTS OF REPROCUREMENT UNDERA CONTRACT WHICH IT HAD WITH THE GENERAL SERVICES ADMINISTRATION.
THERE IS ENCLOSED A COPY OF OUR DECISION OF TODAY TO THE ADMINISTRATOR, GENERAL SERVICES ADMINISTRATION CONCERNING THE MATTER.
IT WILL BE NOTED THAT THE DECISION HOLDS THAT NOTWITHSTANDING A FAILURE TO TIMELY APPEAL FROM A DETERMINATION OF DEFAULT AND TERMINATION OF CONTRACT, THE CONTRACTOR MAY RAISE THE ISSUE OF THE PROPRIETY OF THE CONTRACT TERMINATION IN AN APPEAL FROM THE ASSESSMENT OF EXCESS COSTS FOR REPROCUREMENT. IN THE PRESENT CASE, OUR DECISION NECESSITATES A FACTUAL DETERMINATION OF WHETHER THE SAMPLE OFFERED ACTUALLY MET THE CONTRACT SPECIFICATIONS--- A MATTER TO BE DETERMINED BY THE BOARD OF CONTRACT APPEALS, GENERAL SERVICES ADMINISTRATION.