B-192919, OCT 3, 1978

B-192919, OCT 3, 1978

DIGEST: PROTEST REGARDING DELETION OF ITEMS FROM FEDERAL SUPPLY SERVICE MULTIPLE AWARD SCHEDULE CONTRACT IS MATTER OF CONTRACT ADMINISTRATION NOT FOR RESOLUTION UNDER GAO PROTEST PROCEDURES.

GOVERNMENT MARKETING SERVICES, INC.

GOVERNMENT MARKETING SERVICES, INC. (GMS) PROTESTS THE DELETION OF ALL HAND HELD CALCULATOR MODELS FROM ITS MULTIPLE AWARD SCHEDULE CONTRACT (GS- OOS-66672) WITH THE GENERAL SERVICES ADMINISTRATION, FEDERAL SUPPLY SERVICE (GSA). GMS COMPLAINS THAT THESE ITEMS WERE DELETED FROM ITS CONTRACT IN FURTHERANCE OF GSA'S POLICY TO ELIMINATE SMALL BUSINESS MIDDLEMEN. FURTHER, GMS ARGUES THAT IT IS A VIOLATION OF THE MULTIPLE AWARD SCHEDULE CONTRACT FOR GSA TO AVOID ITS OBLIGATION TO ORDER ITEMS OFF THE SCHEDULE BECAUSE THESE ITEMS MIGHT BE AVAILABLE AT LOWER PRICES FROM NON-SCHEDULE SOURCES.

ON AUGUST 30, 1978 THE CONTRACTING OFFICER ISSUED MODIFICATION #9 TO THE SUBJECT CONTRACT DELETING ITEMS 50-279, 50-286-1, 50-289-2, 50-278 1. THE CANCELLATION TO BE EFFECTIVE 60 DAYS FROM THE ISSUANCE OF THE MODIFICATION. THE CONTRACT PROVIDES AT CLAUSE 322 ON PAGE 11 THAT IT MAY BE CANCELED IN WHOLE OR IN PART BY EITHER PARTY UPON 60 CALENDAR DAYS WRITTEN NOTICE.

THE PROTEST THUS INVOLVES CONTRACT ADMINISTRATION AND IS NOT SUBJECT TO RESOLUTION UNDER OUR BID PROTEST PROCEDURES. R & O INDUSTRIES, INC., B-190887, JANUARY 17, 1978, 78-1 CPD 42.

THE PROTEST IS DISMISSED.