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B-211571 1 (1983-05-16)

handle is hein.gao/gaobadlbl0001 and id is 1 raw text is: 



                           TUCOMPTROLLER GENERAL
 OECISION            ,   OF THE UNITED STATES
                         WASHINGTON. 0. C. 20548
                  INrrL


 FILE: B-211571               DATE:
                                        My 16, 1983
 MATTER OF:    Oxwell, Inc.


 DIGEST:

      GAO will not consider a claim concerning a
      contract administration matter which was
      previously raised before the Armed Services
      Board of Contract Appeals.


      Oxwell, Inc.' requests that our Office review the
decision of the Armed Services Board of Contract Appeals
to dismiss because of laches Oxwell's claim for reimburse-
ment for the cost of certain materials used in the per-
formance of contract No. F34601-71-D-0393.

     We decline to consider the matter.

     Since S & E Contractors Inc. v. United States, 406
U.S. 1 (1972), our Office no longer reviews contract
administration matter decisions which have been rendered
under the contract Disputes clause. We have interpreted
that case to mean that, absent fraud or bad faith, a final
agency settlement or decision rendered under the Disputes
clause is not subject to further administrative review.
Optimum Systems, Inc., B-194984, B-195424, December 7, 1979,
79-2 CPD 396; E.P. Reid, Inc., B-183172, March 7, 1975,
75-1 CPD 141.




                     Harry R.VanClee
                     Acting General Counsel

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