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B-198198 1 (1980-07-18)

handle is hein.gao/gaobabjur0001 and id is 1 raw text is: . -, COMPTROLLER GENERAL OF THE: UNITED STATES WASHINGTON, D.C. 2OS48 B-198198 July 18, 1980 The Honorable Paul N. McCloskey, Jr. House of Representatives Dear Mr. McCloskey: 5S / This is in response to your letter to our Office dated March 17, 1980, requesting advice on a procedural matter involved in aE ute between microform Data Systems (-M4e ) and L C r n P-R--ing &f-f-i GPO). The GPO Board of Contract Appeals rendered a decision on the Microform dispute on February 1, 1980, r_ granting a Government motion to dismiss the appeal for lack of jurisdiction. A Microform motion for reconsider- ation of the dismissal was denied by the GPO Board on March 28, 1980. It was the Board's view that the matter involved an alleged breach of contract claim and was thus beyond its authority to consider under the Disputes clause of the contract. Microform has not pursued the matter in the Court of Claims. You ask whether the Public Printer has the authority to delegate the resolution of the Microform dispute to a board of contract appeals within the executive branch. Mr. DuBain of your office recently explained by telephone that it was your constituent's belief that the matter did not involve a breach of contract, but, contrary to the Board's finding, was cognizable under the Disputes clause of the contract. As we understand it, your question therefore relates to the authority of the Public Printer to redelegate his Disputes clause authority to an executive branch board to hear and determine what in effect is an appeal from the GPO Board's decision. For the following reasons, we do not believe that the Public Printer has such authority. GPO's contract dispute decision-making authority is derived from the terms of the Disputes Clause con- tained in the contract which reads, in pertinent part: /7/373 /N3 W/$ 3c

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