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B-212989, SEP 21, 1983

B-212989 Sep 21, 1983
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DIGEST: WHERE AN OPTION IS EXERCISABLE AT THE DISCRETION OF THE GOVERNMENT. THE DECISION WHETHER TO EXERCISE THE OPTION IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT REVIEW UNDER ITS BID PROTEST FUNCTIONS. WHERE THE OPTION PROVISION OF A CONTRACT IS EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT. WE 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 WHICH IS OUTSIDE THE SCOPE OF OUR BID PROTEST FUNCTIONS. THE EXERCISE OF THE OPTION IS SOLELY WITHIN THE DISCRETION OF THE CONTRACTING OFFICER AS CONTEMPLATED BY DEFENSE ACQUISITION REGULATION 1- 1500 (1976 ED.). THE PROTEST IS DISMISSED.

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B-212989, SEP 21, 1983

DIGEST: WHERE AN OPTION IS EXERCISABLE AT THE DISCRETION OF THE GOVERNMENT, THE DECISION WHETHER TO EXERCISE THE OPTION IS A MATTER OF CONTRACT ADMINISTRATION WHICH GAO WILL NOT REVIEW UNDER ITS BID PROTEST FUNCTIONS.

BELL & HOWELL DATATAPE DIVISION:

BELL & HOWELL DATATAPE DIVISION PROTESTS THE FAILURE OF THE DEPARTMENT OF THE ARMY TO EXERCISE AN OPTION TO EXTEND ITS CONTRACT NO. DAAD07-82-C- 0165. BELL & HOWELL CITES ITS SUCCESSFUL PERFORMANCE DURING THE PAST YEAR AND MANY OTHER REASONS TO SUPPORT ITS BELIEF THAT THE EXERCISE OF THE OPTION WOULD BE IN THE BEST INTEREST OF THE GOVERNMENT.

WHERE THE OPTION PROVISION OF A CONTRACT IS EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT, WE 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 WHICH IS OUTSIDE THE SCOPE OF OUR BID PROTEST FUNCTIONS. THACKER CONSTRUCTION CO., B-208970, SEPTEMBER 24, 1982, 82-2 CPD 276. WE ASSUME THAT IN THIS CASE, THE EXERCISE OF THE OPTION IS SOLELY WITHIN THE DISCRETION OF THE CONTRACTING OFFICER AS CONTEMPLATED BY DEFENSE ACQUISITION REGULATION 1- 1500 (1976 ED.). BELL & HOWELL DOES NOT ALLEGE OTHERWISE.

THE PROTEST IS DISMISSED.

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