B-197080, JAN 15, 1980
Highlights
DIGEST: INCUMBENT CONTRACTOR'S PROTEST AGAINST CONTRACTING AGENCY'S DETERMINATION NOT TO EXERCISE CONTRACT OPTION IS DISMISSED WHERE OPTION PROVISIONS OF CONTRACT ARE EXERCISABLE AT SOLE DISCRETION OF GOVERNMENT. THE NAVY HAS INFORMED US THAT UNDER THE TERMS OF THE CONTRACT THE OPTION IS EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT. OUR OFFICE WILL NOT CONSIDER AN INCUMBENT CONTRACTOR'S CONTENTION THAT AN AGENCY SHOULD HAVE EXERCISED AN OPTION WHERE THE OPTION PROVISIONS OF THE CONTRACT ARE EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT. THE DECISION WHETHER TO EXERCISE THE OPTION OR TO ISSUE A NEW SOLICITATION FOR THE REQUIRED SERVICES IS A MATTER OF CONTRACT ADMINISTRATION WHICH LIES OUTSIDE THE AMBIT OF OUR BID PROTEST PROCEDURES.
B-197080, JAN 15, 1980
DIGEST: INCUMBENT CONTRACTOR'S PROTEST AGAINST CONTRACTING AGENCY'S DETERMINATION NOT TO EXERCISE CONTRACT OPTION IS DISMISSED WHERE OPTION PROVISIONS OF CONTRACT ARE EXERCISABLE AT SOLE DISCRETION OF GOVERNMENT.
OSCAR HOLMES & SONS TRUCKING COMPANY, INC.:
OSCAR HOLMES & SONS TRUCKING COMPANY, INC. (HOLMES & SONS) PROTESTS THE DETERMINATION OF THE NAVAL SURFACE WEAPONS CENTER, WHITE OAK LABORATORY, NOT TO EXERCISE ITS OPTION UNDER CONTRACT NO. N-62477-79-C 8300 FOR REFUSE SERVICE. THE NAVY HAS INFORMED US THAT UNDER THE TERMS OF THE CONTRACT THE OPTION IS EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT.
OUR OFFICE WILL NOT CONSIDER AN INCUMBENT CONTRACTOR'S CONTENTION THAT AN AGENCY SHOULD HAVE EXERCISED AN OPTION WHERE THE OPTION PROVISIONS OF THE CONTRACT ARE EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT. DELTA CONTRACTING CO., B-195176, JULY 5, 1979, 79-2 CPD 11; C. G. ASHE ENTERPRISES, 56 COMP.GEN. 397 (1977), 77-1 CPD 166. THE DECISION WHETHER TO EXERCISE THE OPTION OR TO ISSUE A NEW SOLICITATION FOR THE REQUIRED SERVICES IS A MATTER OF CONTRACT ADMINISTRATION WHICH LIES OUTSIDE THE AMBIT OF OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 20 (1979). ASHE ENTERPRISES, SUPRA.
THE PROTEST IS DISMISSED.