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,., THI OMPTIPILLP.- flPENERA1
DI IM N opr THE UNITLr-IAO 8TATES
4,,. WASHINGT0N, D.C. 2O5413
FILE; B-208139 DATE; August 3, 1082
MATTER OF: cascade Pacific nternatIonril, Inc.
) DIrEST:
GAO dismisses claim because the question
of whether the contracting offlcer prop-
erly withheld amounts due a contractor
as a result of default terminations is a
matter for the contracting officer to
resolve (Cubject to appeal) as provided
in the Contract DIsputes Act of 1978,
Cascade Pacific International, Inc, ICascade),
claims the amount .of 16,536,58 plus interest on the
ground that the General Services Administration (GSA)
Improperly withheld that amount, which was due Cascade
4 for performance under two contract. We dlindss the
imatter because under the Contract Disputes Act of 1978,
the resolution of Cascade's claim is a matter for the
cpt.cacting officer (sublject to appeal) as provided
in the act.
Cascade states that GSA terminated for default
) two contracts with Cascade and GSA notified Cascade
I that the excess costs of reprocurement would be
assessed agrinst Cascade. Without further notice,
GSA withheld the amount claimed from paymnts due. to
Cascade on two other contracts, Cascade also states
I that it has appealud the two deiault terminations to
the GSA Board of Contract Appeals.
'he Contract Disputos Act of 1978 providec that
all clains by a contractor against the Government
relating to a contract shall be in writing and shall
be suibmitted to the contracting pfficer for a decision.
, 41 U.SC. § 605(a) (Supp. III, 1979). Further, the
act provides that the contracting officer's decision
shall be final and not reviewab]e unless appealed by
I. the contractor. 41 U.S.C. § 605(b) (Supp. I1I, 1979).
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