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B-226865 1 (1987-06-01)

handle is hein.gao/gaobadmsb0001 and id is 1 raw text is: 


'0UXR 0.    The Comptroller General
            of the United States
            Washington, D.C. 20548
            Decision




            Matterof-   Benora Cleaning Service, Inc.

            File:       B-226865

            Date:       June 1, 1987


            DIGEST

            General Accounting Office (GAO) will not consider a claim
            arising from the alleged improper termination of a sub-
            contract by the prime contractor/operator of a government
            plant because the claim involves contract administration and
            by law is for resolution by forums other than GAO.


            DECISION

            Benora Cleaning Service, Inc. has filed a breach of sub-
            contract claim arising out of purchase order No. 2907600,
            issued by Morton-Thiokol, Inc., contract operator of the
            Louisiana Army Ammunition Plant (Contract No. DAAA09-75-C-
            0028).

            The claimant contends that Morton-Thiokol improperly ter-
            minated the 1-year custodial services purchase order issued
            to Benora with 6 months remaining. The General Provisions
            of the purchase order specifically provided that Morton-
            Thiokol could terminate for convenience the performance of
            work.

            We will not consider the claim. Except for one situation
            not applicable here, we do not review decisions to terminate
            contracts, since by law contract termination involves a
            matter of contract administration for consideration by a
            contract appeals board or a court of competent jurisdiction.
            Hero, Inc., B-221820, May 12, 1986, 86-1 CPD    450. In this
            regard, claims against the government relating to express or
            implied procurement contracts generally contracts are
            subject to the Contract Disputes Act of 1978, 41 U.S.C.
            §§ 601-613 (1982), which establishes procedures for resolv-
            ing such claims and provides for appeals of contracting
            officer decisions on claims to the boards or to the United
            States Claims Court.


08Poc!5

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