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B-231925 1 (1988-08-26)

handle is hein.gao/gaobadnet0001 and id is 1 raw text is: The Comptroller General of the United States * Washington, D.C. 20548 Decision Matterof- S&S Truck and Tractor Parts, Inc. File: B-231925 Date: August 26, 1988 DIGEST The General Accounting Office does not have jurisdiction to decide a claim by S&S Truck & Tractor Parts, Inc. against the Defense Construction Supply Center because the claim falls under the Contract Disputes Act, 41 U.S.C. SS 601-613, and should be heard by the contracting agency. DECISION This decision is in response to an appeal by S&S Truck and Tractor Parts, Inc. (S&S) of our Claims Group's refusal to consider its claim against the Defense Construction Supply Center (DCSC). The claim relates to cancellation of Purchase Order No. DLA 700-87-V-W260 by the DCSC when S&S failed to deliver the ordered supplies by the required delivery dates. For the reasons indicated below, we affirm the refusal to consider the claim. BACKGROUND In October 1986, DCSC issued a purchase order to S&S for the delivery of 70 steering weldment arms at a unit price of $133.89 and a total price of $9,372.30. The delivery date on the purchase order was May 12, 1987. The purchase order incorporated by reference several standard contract provisions including one which made the order subject to the Contract Disputes Act, 41 U.S.C. SS 601-613. S&S states that it promptly directed its subcontractor to manufacture the supplies in accordance with the drawings. S&S received the supplies from the subcontractor 1 month late and in unsatisfactory condition. This deficient performance by the subcontractor was a factor preventing S&S from delivering the goods by the date specified in the purchase order. I I

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