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B-191808 1 (1978-05-11)

handle is hein.gao/gaobadgbf0001 and id is 1 raw text is: 'THE COIVPTROLLER GENERAL Cisio[\ .or'-I THE UNITED STATES ) WASHINGTDN. D.C. P .sE FILE: s-1918c8 DATE14-:ay 11, 1978 MATTER OF: Harry C. Partriege, Jr. & Sons, Inc. DIGEST: Dispute arising under contract reparding contractor's performance must be pursued under contract Disputes clause procedure and is not matter for consideration by GAO. Harry C. Partridge, Jr. & Sons, Inc. (Partridge) appeals to this Office a decision b- a Veterans Administration (V.) contract- ing officer denying its claim in connection with contract No. V614C214, calling for the replacement of windo'ds and stucco on several buildings at the VA hospital in Perry Point, Maryland. The claim, among other things, involves the effect of a stop work order issued by the contracting offticer. The authority of this Office does not include interventioa between a contractor and a contracting agency for the purpose of resolving a dispute rising under a contract. This is a matter for settlement pursuant to the pro;edures set out in the Disputes clause which is contained in standard Government contracts. Those procedures provide for a decisioi by the contracting officer, with the contractor having a right of appeal from the decision to the head of the 'agency concerned. buLh the contractor and the Govern- ment are bound to follow the procedure set out in the contract for the administration of disputes arising out of the contract, and the contractor must exhaust its administrative remedies under the Disputes clause before resLrring to the courts. Hugh Brc iington Contracting Company, B-.87022, September 1L, 1976, 76-2 CPD 243. Notice of this appeal procedure was co.tained in the last paragraph of the contracting officer's decision. Furthermore, it shbuld be noted that as a result of S&E Contractors, Inc. v. United States, 406 U.S. 1 (1972), this Office no longer reviews decisions rendered under the Disputes clause. In that case, the United States Supreme Court held that, absent bad faith or fraud, a final agency settlement or decision, rendered under Le Disputes clause, is not subject to further administrative review. - 1-

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