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

B-202976 1 (1981-05-26)

handle is hein.gao/gaobadjkn0001 and id is 1 raw text is: - THE COMPTROLLER GENERAL DECISION OF TIH E UNITEO STATES WASHINGTON, D. C. 20548 UN ITE FILE: B-202976 DATE: May 26, 1981 MATTER OF: Sphere Management, Inc. DIGEST: GAO will not consider contractor's request for rescission of 1S contract due ro mis- take in bid since request confltitutes claim relating to contract which, in accordance with Contract Disputes Act of 1978, must be filed with contracting officer. Sphere Management, IrWc., requests that its guard services contract No. N62467-81-C-4016 with the Depart- ment of the Navy be rescinded due to an alleged mistake in bid first raised after contract award. (The Navy reports that it already has terminated the contract for default.) For the reasons stated below, we decline to consider Sphere's request. Our Office generally does not consider matters which are for resolution by a contracting officer under the dis- putes clause of a Government contract. See, e.g., Consoli- dated Maintenance Company, B-197009, December 19, 1979, 79-2 CPD 426; R.B.S., Inc., B-196285, October 17, 1979, 79-2 CPD 266. The Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (Supp. III 1979), requires that all claims relating to a contract be filed with the contracting officer for a decision. 41 U.S.C. § 605(a). In addition, a contractor may appeal an adverse contracting officer decision to either the contracting agency's board of con- tract appeals or to the United States Court of Claims. 41 U.S.C. §§ 606, 609. The disputes clause in Sphere's contract reflects those provisions. Inasmuch as Sphere's request constitutes a claim relating to its contract, and the disputes clause of Sphere's contract calls for such a claim to be filed with the contracting officer, our Office will not consider the firm's request. Harry R. Van Cleve Acting General Counsel I 115sr

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