About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-196285 1 (1979-10-17)

handle is hein.gao/gaobadhrg0001 and id is 1 raw text is: -- THE COMPTROLLER GYEA DECISION .OF T HE UNITED-STATES ~- 0. .C. 20548 FILE: B-196285 MATTER DIGEST: DATE: October 17, 1979 OF: R.B.S., Inc. Dispute regarding equitable price adjustment must be pursued under contract's Disputes clause proce- dure and thus is not for considera- tion by GAO. R.B.S., Inc., requests our assistance in securing a price adjustment under contract No. DSA-76-D-0164 with the Defense Fuel Supply Center (DFSC). The adjustment was first requested of DFSC by R.B.S. approximately two years ago pursuant to clauses J28C and J29 of the contract, which are entitled Economic rice Adjustment and Economic Price Adjustment/ Federal Coal Mine Health and Safety Act of 1969, respectively. The clauses provide for price adjust- ment, where certain conditions are met, within a reasonable time after a request by the contractor; R.B.S. is concerned that a reasonable time has passed without any agreement between the parties. However, each of the cited clauses also provides that the failure of the parties to agree to an adjust- ment shall be deemed a dispute concerning a question of fact within the meaning of the clause of this con- tract entitled 'Disputes'. Although it is not clear from the record presented by R.B.S. whether the firm has as yet formally proceeded under the contract's Disputes clause, it is well-established that both the contractor and the Government are bound to follow and exhaust the administrative procedure set out therein for the resolution of disputes, see .Harry C. Partridge, Jr. & Sons, Inc., B-191808, May 11, 1978, 78-1 CPD 366; that procedure provides for a decision by the contract- ing officer, with the contractor having the right of appeal from the decision to the head of the agency concerned. IL

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most