Protest Involving Contract Evaluation

B-204105: Aug 6, 1981

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A firm protested the termination of its contract, which had been substantially performed, with items totaling approximately $35,000 remaining to be done. The protester alleged that this work would be completed at a cost to the Government of $54,500 under a new contract award. The protester alleged that: the agency did not make the requisite determination that the termination was in the best interest of the Government, the termination was not in the best interest of the Government since it would cost an additional $19,500 to have the new contractor perform the work, and proper consideration was not given to the fact that the protester was a small business. GAO will not review an agency's decision to terminate a contract for the convenience of the Government, except when the contracting agency's action is based upon a determination that the terminated contract was improperly awarded. There was no question as to whether the protester's contract was properly awarded. Therefore, the protest was dismissed.