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B-213680 1 (1983-11-25)

handle is hein.gao/gaobadlkp0001 and id is 1 raw text is: 7Yf, THE COMPTROLLER QENERAL '-J DECISION OF THE UNITED STATES W A S3HINGTO N. 0. C. 20548 FILE: B-213680 DATE: November 25, 1983 MATTER OF: Bon Aire Construction Company DIGEST: GAO will not consider matters relating to pay- ment of a claim concerning a contract dispute matter which has been decided by the Armed Ser- vices Board of Contract Appeals. Bon Aire Construction Company (Bon Aire) requests that our Office investigate the Department of the Air Force's failure to pay a breach of contract claim decided in favor of Bon Aire by the Armed Services Board of Contract Appeals (BCA). Bon Aire argues that the Air Force improperly has delayed payment of Bon Aire's claim. Bon Aire's submissions indicate that the BCA's decision in favor of Bon Aire required the Air Force contracting officer to determine the amount of damages. Apparently to date, the contracting officer has not determined the amount of damages owed Bon Aire. However, we note that the BCA has advised Bon Aire that if Bon Aire ultimately disagrees with the Air Force's determination, it may file an appeal of the determination with the BCA. We decline to consider the matter. Our Office does not review actions relating to contract disputes decisions, such as this one, which have been ren- dered by the BCA under the contract Disputes clause and processed in accordance with the Contract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (Supp. IV, 1980). See Oxwell, Inc., B-211571, May 16, 1983, 83-1 CPD 517. The propriety of enforcement of the BCA decision is for consideration by the BCA, not our Office. See Oxwell, Inc., sufpra; Nation- wide Buildinq Maintenance, Inc., B-207333.2, December 2, 1982, 82-2 CPD 522. Harryl. Van Cleve Acting General Counsel KY& ~

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