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B-187284 1 (1976-09-10)

handle is hein.gao/gaobadczs0001 and id is 1 raw text is: -. = * - . - . 0i2-R G * o~' ~ THE COMPTROLLER GENERAL DCIECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-187284 DATE: September 10, 1976 MATTER OF: Sidney Ginsburg Company, Inc. DIGEST: GAO will not review sales contracting officer's refusal to consider contractor's request for price adjustment based on alleged misdescription of rivets which request was not timely filed under contract provisions, because question raised is for resolution by agency under contractual dis- putes procedures and does not concern legality of contract award. Sidney Ginsburg Company, Inc. (Ginsburg) requests our consideration of its request for a price adjustment in connec- tion with the alleged misdescription of rivets purchased from the Defense Supply Agency (DSA), Defense Property Disposal Region Office, Memphis, Tennessee. The sales contracting officer refused to consider-Ginsburg's claim on the merits based on para- graph b(2) of Article BB under Conditions of Sale Sealed Bids of solicitation No. 31-6283 which states: The contract price will not be adjusted or property deleted from the contract pur- suant to this clause unless the Purchaser mails or otherwise furnishes to the Con- tracting Officer, a written notice, within 30 calendar days from date of removal of the property, that he considers the property to have been misdescribed. The agency found that the property was removed on March 25, 1976, yet the initial notice was not posted until May 27, 1976-- more than 30 days later. Ginsburg contends that the delay in reporting was unavoidable. Under 'the circumstances, it is clear that this request does not relate to the legality of the award process which it is the function of our Office to consider. Rather, resolution of Ginsburg's request requires the application of a sgecific contract provision, which is more appropriately handled by DSA under the Disputes clause of the sales contract. Murdock Machine & Engineering Co. of Utah, B-183098, February 13, 1975, 75-1 CPD 98.

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