B-220859, OCT 31, 1985, 85-2 CPD 512
Highlights
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: WHERE AN OPTION IS EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT. THE DECISION NOT TO EXERCISE THE OPTION IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT REVIEW UNDER ITS BID PROTEST FUNCTION. BIG PICTURE CONTENDS THE OPTION WAS NOT EXERCISED IN RETALIATION FOR ITS APPEAL OF A CONTRACT CLAIM TO THE ARMED SERVICES BOARD OF CONTRACT APPEALS. WHERE THE OPTION PROVISION OF A CONTRACT IS EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT. WE WILL NOT CONSIDER AN INCUMBENT CONTRACTOR'S CONTENTION THAT THE AGENCY SHOULD EXERCISE THE OPTION. SUCH A DECISION IS A MATTER OF CONTRACT ADMINISTRATION AND NOT WITHIN THE PURVIEW OF OUR BID PROTEST FUNCTION.
B-220859, OCT 31, 1985, 85-2 CPD 512
CONTRACTS - PROTESTS - CONTRACT ADMINISTRATION - NOT FOR RESOLUTION BY GAO DIGEST: WHERE AN OPTION IS EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT, THE DECISION NOT TO EXERCISE THE OPTION IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT REVIEW UNDER ITS BID PROTEST FUNCTION.
THE BIG PICTURE COMPANY, INC.:
THE BIG PICTURE COMPANY, INC., PROTESTS THE FAILURE OF KELLY AIR FORCE BASE, TEXAS, TO EXERCISE AN OPTION TO EXTEND CONTRACT NO. F41800 84-D- 00035 FOR AN ADDITIONAL PERIOD OF PERFORMANCE. BIG PICTURE CONTENDS THE OPTION WAS NOT EXERCISED IN RETALIATION FOR ITS APPEAL OF A CONTRACT CLAIM TO THE ARMED SERVICES BOARD OF CONTRACT APPEALS.
WHERE THE OPTION PROVISION OF A CONTRACT IS EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT, WE WILL NOT CONSIDER AN INCUMBENT CONTRACTOR'S CONTENTION THAT THE AGENCY SHOULD EXERCISE THE OPTION. SUCH A DECISION IS A MATTER OF CONTRACT ADMINISTRATION AND NOT WITHIN THE PURVIEW OF OUR BID PROTEST FUNCTION. PRECISION CABINET COMPANY, B-217029, NOV. 26, 1984, 84-2 CPD PARA. 569. BIG PICTURE DOES NOT CONTEND THAT THE EXERCISE OF THE OPTION HERE WAS NOT AT THE GOVERNMENT'S DISCRETION.
THE PROTEST IS DISMISSED.