B-189983, SEPTEMBER 16, 1977

B-189983, SEPTEMBER 16, 1977

1. PROTEST QUESTIONING FAILURE TO EXERCISE CONTRACT OPTIONS RAISES MATTER OF CONTRACT ADMINISTRATION FOR RESOLUTION BY PROCURING AGENCY, NOT BY GAO. 2. ISSUE WHETHER CONCERN IS ELIGIBLE AND NEEDS 8(A) ASSISTANCE IS MATTER OF JUDGMENT FOR SEA AND NOT OUR OFFICE.

TIDEWATER PROTECTIVE SERVICES, INC.:

TIDEWATER PROTECTIVE SERVICES, INC. (TIDEWATER), PROVIDES JANITORIAL AND MESS ATTENDANT SERVICES FOR THE DEPARTMENT OF THE AIR FORCE AT LANGLEY AIR FORCE BASE UNDER THE SECTION 8(A) SUBCONTRACTING PROCEDURES OF THE SMALL BUSINESS ACT (15 U.S.C. 637(A) (1970)) AND IMPLEMENTING REGULATIONS. THE PROTEST HAS BEEN FILED AGAINST THE DETERMINATION OBY THE AIR FORCE NOT TO EXERCISE THE OPTIONS UNDER THE CONTRACTS WITH TIDEWATER. THIS DETERMINATION WAS BASED ON THE SMALL BUSINESS ADMINISTRATION'S (SBA) TERMINATION OF TIDEWATER'S ELIGIBILITY UNDER THE 8(A) PROGRAM.

THE QUESTION OF WHETHER AN OPTION SHOULD BE EXERCISED OR NOT IS A MATTER OF CONTRACT ADMINISTRATION PROPERLY FOR RESOLUTION BY THE PROCURING AGENCY AND IS NOT A PROPER MATTER FOR PROTEST TO THIS OFFICE. SEE, E.G., PLAZA DE LAS ARMAS, INC., B-188602, JUNE 30, 1977, 77-1 CPD 468. WHETHER TIDEWATER IS ELIGIBLE FOR CONTINUING 8(A) ASSISTANCE IS A JUDGMENTAL ONE FOR SBA AND NOT OUR OFFICE. TIDEWATER PROTECTIVE SERVICES, INC., B-189429, AUGUST 19, 1977; SEE KINGS POINT MANUFACTURING COMPANY, INC., 54 COMP.GEN. 913 (1975), 75-1 CPD 264.

ACCORDINGLY, WE DECLINE TO CONSIDER THE PROTEST ON THE MERITS.