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B-202592 1 (1981-05-08)

handle is hein.gao/gaobadvni0001 and id is 1 raw text is: 


                        THE COMPTROLL      GENERAL

DECISION., OF THE .UNITED STATES
                        WASHINGTON, 0 .C. 2*054•
                                  - CPD 3&(


                        -    DATEMay  8,.1981
FILE: B-202592
MATTER OF: Surgical Instrument Company of America



DIGEST:


          Term-i-a-Uion#-for late delivery of
          surgical7 inst-rument is matter
          of contract administration for
          resolution-by contracting agency
          under disputes claus ;not.GAO's
          Bid Protest Procedures.


     The Veterans Administration (VA) issued a purchase
 order for surgical instruments to Surgical Instrument
 Company.of America (Surgical) in the'amount of $4,596.
 The purchase order was received on October 3, 1980..
 Surgical quoted 60/90-day delivery date.

      Surgical subsequently advised that delivery would
 be made on April 20, 1981. The VA at first acquiesced
 in the extended delivery 'date,. but later terminated
 the contract for default. Surgical contends that the
 decision to delay the delivery date was.a.modification
 of existing contract-terms and-that the termination
 was improper.

     The question-whethera contract should be
 terminated for default is a matter of contract admin-
 istration for consideration under-the procedures set
 forth in the disputes clause of the contract and is
 not for resolution under our'Bid Protest Procedures,
 which are reserved, for considering whether an award,
 or proposed award, of a contract complies with statu-
 tory, regulatory and other legal requirements.
 Oklahoma Aerotronics, Inc., B-201026, VNovember 18,
 1980, 80-2 CPD 375.

     The protest is dismissed.



                    Harry.R. Van Cleve
                    Acting General Counsel-

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