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B-198198.2 1 (1981-02-18)

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                  COMPTROLLER GENERAL OF THE UNITED STATES

                           WASHINGTON D.C. 20548

B-198198.2                               February 18, 1981

The Honorable Paul N. McClosky, Jr.

House of Representatives

Dear Mr. McClosky:

     We refer to your additional correspondence concerning
a contract dispute between your constituent, Microform Data
Systems, Inc., and the Government Printing Office (GPO).

     On July 18, 1980, in response to your initial corre-
spondence requesting an opinion as to the authority of the
Public Printer to redelegate the resolution of the Microform
dispute to a contract appeals board within the executive
branch, we advised you of our belief that the Public Printer
was bound by the decision of the GPO Board of Contract
Appeals which dismissed Microform's complaint for lack of
jurisdiction. We stated that we did not believe an aggrieved
contractor is legally entitled to 'shop' for an administrative
forum once it receives an administrative ruling from a board
empowered to act on 'behalf' of the Federal Government with
which it disagrees.

     Your most recent letter first requests our opinion of
Microform's suggestion that administrative due process was
not satisfied by the composition and procedures of the GPO
Board in this case. Microform argues that the Public Print-
er's initial delegation of the contract dispute to the GPO
Board was so improvident as to warrant convocation of a new
board to rehear the Microform dispute. Microform's conclu-
sions rest for the most part on the provisions of the Con-
tract Disputes Act, 41 U.S.C. § 601 et seq. (Supp. III
1979). Microform, while conceding that the Act is not appli-
cable to legislative branch agencies, nonetheless submits
that the Act establishes a standard for the legislative
branch against which administrative due process is to be
measured. Secondly, you request our opinion on the Public
Printer's ability to delegate his decision-making authority
in future contract dispute matters to an established board
of contract appeals in the executive branch.

     With regard to the first matter, Microform asserts that
the GPO Board was required to satisfy a Contract Disputes








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