B-239148, Jul 30, 1990, 90-2 CPD 83
Highlights
PROCUREMENT - Contract Management - Contract administration - Convenience termination - Administrative determination - GAO review DIGEST: Protest that contracting agency improperly terminated contract is dismissed since the termination involves a matter of contract administration not reviewed by the General Accounting Office. We dismiss the protest after obtaining information from the agency and upon review of the protester's response thereto since we conclude that the protest is not for review by the General Accounting Office. 4 C.F.R. That termination of her contract was without cause. Although we will review contract terminations where the agency's basis for termination is that the contract was improperly awarded.
B-239148, Jul 30, 1990, 90-2 CPD 83
PROCUREMENT - Contract Management - Contract administration - Convenience termination - Administrative determination - GAO review DIGEST: Protest that contracting agency improperly terminated contract is dismissed since the termination involves a matter of contract administration not reviewed by the General Accounting Office.
Attorneys
Edith C. Lawrence:
Edith C. Lawrence protests the action of the National Commission on Libraries and Information Science (NCLIS) in terminating a contract for support services from the period of February 21, 1989, through January 31, 1990. Lawrence also protests the issuance of an alleged follow-on purchase order to another individual to obtain these services.
We dismiss the protest after obtaining information from the agency and upon review of the protester's response thereto since we conclude that the protest is not for review by the General Accounting Office. 4 C.F.R. Sec. 21.3(m) (1990).
Lawrence maintains that NCLIS has treated her unfairly in connection with the performance of her contract; that termination of her contract was without cause; and that the agency violated the competitive process by excluding the protester from competing for the follow-on services contract.
We decline to consider the propriety of the termination since this involves a matter of contract administration which generally our Office does not review under our bid protest jurisdiction, although we will review contract terminations where the agency's basis for termination is that the contract was improperly awarded. See Specialty Plastics Prods., Inc., B-237545, Feb. 26, 1990, 90-1 CPD Para. 228 at 3; 4 C.F.R. Sec. 21.3(m)(1). This exception does not apply here because the agency reports that the contract was terminated because of unsatisfactory performance, a contract administration matter.
Lawrence also alleges that she was improperly denied an opportunity to compete for a follow-on contract for these services. The record indicates, however, that NCLIS obtained the services of another individual from a temporary agency in December 1989 to perform services similar to those performed by Lawrence. Thus, at the time of the protested award the protester already was under contract with the agency. We therefore have no basis to consider the protester's allegation that a follow-on contract was awarded without affording the protester the opportunity to compete.
Accordingly, the protest is dismissed.