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[Protest of Army Solicitation for Dishwashers]

B-257395 Published: Jul 27, 1994. Publicly Released: Jul 27, 1994.
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Highlights

A firm protested an Army solicitation for dishwashers, contending that the solicitation unduly restricted competition. GAO held that the Army properly required that the dishwashers be white, since the other appliances in the housing units were also white, and the dishwashers would fit in the established color scheme. Accordingly, the protest was denied.

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B-215619.3, SEP 7, 1984, 84-2 CPD 263

CONTRACTS - OPTIONS - NOT TO BE EXERCISED - CONTRACT ADMINISTRATION MATTER - NOT FOR GAO RESOLUTION DIGEST: GAO WILL NOT CONSIDER INCUMBENT CONTRACTOR'S PROTEST THAT AGENCY SHOULD HAVE EXERCISED CONTRACT OPTION INSTEAD OF ISSUING NEW SOLICITATION WHERE OPTION IS RENEWABLE AT SOLE DISCRETION OF GOVERNMENT, SINCE THIS IS A MATTER OF CONTRACT ADMINISTRATION.

MAINTENANCE, INC.:

MAINTENANCE, INC. PROTESTS THE AWARD OF A CONTRACT UNDER INVITATION FOR BIDS NO. F16602-84-B0020 ISSUED BY BARKSDALE AIR FORCE BASE, LOUISIANA FOR MILITARY FAMILY HOUSING MAINTENANCE SERVICES. MAINTENANCE, THE INCUMBENT CONTRACTOR, PROTESTS THE AGENCY DETERMINATION NOT TO EXERCISE AN OPTION TO EXTEND MAINTENANCE'S CURRENT CONTRACT. THE PROTESTER ARGUES THAT AUTHORIZED GOVERNMENT PERSONNEL INDICATED THAT THE OPTION WOULD BE EXERCISED.

WHERE THE OPTION PROVISION OF A CONTRACT IS EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT, WE WILL NOT CONSIDER THE INCUMBENT CONTRACTOR'S CONTENTION THAT THE AGENCY SHOULD EXERCISE THE OPTION. DECISION NOT TO EXERCISE THE OPTION IS A MATTER OF CONTRACT ADMINISTRATION AND NOT ONE THAT WILL BE CONSIDERED UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1984). SENTINEL ELECTRONICS, INC., B-212770, DEC. 20, 1983, 84-1 CPD PARA. 5. MAINTENANCE DOES NOT CONTEND THAT THE EXERCISE OF THE OPTION HERE WAS NOT AT THE GOVERNMENT'S DISCRETION.

FURTHER, EVEN IF MAINTENANCE WAS ORALLY ADVISED THAT THE OPTION WOULD BE EXERCISED, WE HAVE FREQUENTLY HELD THAT SUCH ORAL ADVICE DOES NOT BIND THE GOVERNMENT AND THAT PARTIES RELY ON SUCH ADVICE AT THEIR OWN RISK. INVENTIVE PACKAGING CORPORATION, B-213439, NOV. 8, 1983, 83-2 CPD PARA. 544; INTERNATIONAL WASTE INDUSTRIES, B-210500.2, JUNE 13, 1983, 83-1 CPD PARA. 652.

THE PROTEST IS DISMISSED.

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Army procurementCompetitive procurementEquipment contractsHousehold goodsMilitary housingQualified products listSpecifications protestsU.S. ArmyBid evaluation protestsSolicitationsTenants