B-209520, NOV 9, 1982
Highlights
IS RENEWABLE AT THE SOLE DISCRETION OF THE GOVERNMENT. GAO WILL NOT CONSIDER THE INCUMBENT CONTRACTOR'S CONTENTION THAT THE AGENCY SHOULD HAVE EXERCISED THE CONTRACT OPTION INSTEAD OF ISSUING A NEW SOLICITATION. WHERE THE OPTION PROVISIONS OF A CONTRACT ARE EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT. OUR OFFICE WILL NOT CONSIDER THE INCUMBENT CONTRACTOR'S CONTENTION THAT THE AGENCY SHOULD EXERCISE THE OPTION. WHETHER TO DO SO IS A MATTER OF CONTRACT ADMINISTRATION. WE ASSUME THAT IN THIS CASE THE EXERCISE OF THE OPTION IS SOLELY WITHIN THE DISCRETION OF THE CONTRACTING OFFICER. SUCH AN ARRANGEMENT IS CONTEMPLATED BY DEFENSE ACQUISITION REGULATION SEC. 7-1903.22 (1976 ED.). THE PROTEST IS DISMISSED.
B-209520, NOV 9, 1982
DIGEST: WHERE A CONTRACT, UNDER OPTION PROVISIONS, IS RENEWABLE AT THE SOLE DISCRETION OF THE GOVERNMENT, GAO WILL NOT CONSIDER THE INCUMBENT CONTRACTOR'S CONTENTION THAT THE AGENCY SHOULD HAVE EXERCISED THE CONTRACT OPTION INSTEAD OF ISSUING A NEW SOLICITATION.
PIKES PEAK COMMUNITY COLLEGE:
PIKES PEAK COMMUNITY COLLEGE, AN INCUMBENT CONTRACTOR FOR BASIC SKILLS EDUCATION AT FORT CAMPBELL, KENTUCKY, REQUESTS A RULING BY OUR OFFICE AS TO THE PROPRIETY OF THE ARMY'S ISSUANCE OF SOLICITATION NO. DAKF23-82-B- 0133 FOR SERVICES COVERED BY THE OPTION PROVISIONS OF ITS CURRENT CONTRACT.
WHERE THE OPTION PROVISIONS OF A CONTRACT ARE EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT, OUR OFFICE WILL NOT CONSIDER THE INCUMBENT CONTRACTOR'S CONTENTION THAT THE AGENCY SHOULD EXERCISE THE OPTION. WHETHER TO DO SO IS A MATTER OF CONTRACT ADMINISTRATION, NOT COGNIZABLE UNDER OUR BID PROTEST PROCEDURES. WASHINGTON PATROL SERVICE, INC., B-206197, FEBRUARY 17, 1982, 82-1 CPD 143. WE ASSUME THAT IN THIS CASE THE EXERCISE OF THE OPTION IS SOLELY WITHIN THE DISCRETION OF THE CONTRACTING OFFICER; SUCH AN ARRANGEMENT IS CONTEMPLATED BY DEFENSE ACQUISITION REGULATION SEC. 7-1903.22 (1976 ED.), AND THE PROTESTER DOES NOT ALLEGE OTHERWISE.
THE PROTEST IS DISMISSED.