B-243192, Mar 14, 1991, 91-1 CPD 289

B-243192, Mar 14, 1991, 91-1 CPD 289

PROCUREMENT - Bid Protests - Premature allegation - GAO review

DIGEST

Attorneys

Jantec, Incorporated:

Jantec, Incorporated protests the award of a contract by the Department of the Air Force to Goodwill Industries through the National Institute for the Severely Handicapped (NISH) for the operation of the base information system (BITS), publication distribution office (PDO) and postal service center (PSC) at Keesler Air Force Base (AFB), in Mississippi. Jantec contends that the agency has improperly made a noncompetitive award in lieu of exercising Jantec's lower-priced contract option for the same services. /1/

The Air Force has informed us that no final decision has been made regarding an agreement with NISH and Goodwill Industries to perform the BITS, PDO, and PSC services at Keesler AFB. Pursuant to the Javits Wagner -O'Day Act, 41 U.S.C. Sec. 46-48c (1988), the Committee for the Purchase from the Blind and Other Severely Handicapped is considering placing these services on the procurement list from which the agencies are required to purchase. See 56 Fed.Reg. 9941-01 (March 8, 1991). The Air Force indicates that until the Committee decides whether the services will be listed no procurement action, including the exercise of Jantec's contract option, will be taken.

We dismiss the protest as premature. Protests that merely anticipate allegedly improper agency action are speculative and premature. See General Elec. Canada, Inc., B-230584, June 1, 1988, 88-1 CPD Para. 512. Consequently, there is no basis for us to consider the protester's protest at this time.

In any case, we would not consider the protest that the Air Force should have exercised an option under Jantec's contract, since such determinations do not fall within our bid protest function. In this regard, an agency's decision not to exercise an option is a matter of contract administration, 4 C.F.R. Sec. 21.3(m)(1) (1990), and contract options are exercised solely at the discretion of the government, that is, a contractor cannot compel an agency to exercise an option in its contract. California Shorthand Reporting, B-236680, Dec. 22, 1989, 89-2 CPD Para. 584. There is no obligation for the contracting agency to justify a decision not to exercise an option with a cost comparison. Western States Mgmt. Servs., Inc., B-233576, Dec. 8, 1988, 88-2 CPD Para. 575.

With respect to the agency's possible agreement with NISH and Goodwill Industries to perform the required services, once an item or service has been added to the procurement list, contracting agencies are required to procure the item directly from the qualified workshops for the blind or other severely handicapped individuals with the objective of increasing employment opportunities to those individuals. 41 U.S.C. Sec. 46-48c; Federal Acquisition Regulation Part 8.7. The Committee has exclusive authority to add or to delete supplies and services as it deems appropriate. Abel Converting Inc., 67 Comp.Gen. 307 (1988), 88-1 CPD Para. 233. In light of the Committee's exclusive grant of authority under the Act and the agency's obligation to procure listed supplies and services from qualified workshops, such as Goodwill Industries, we would have no basis to object should the Committee decide to add these services to the procurement list. Whether the workshop will comply with the standards of the Act in performing the services is for consideration by the Committee and agency, and not our Office under its bid protest function.

The protest is dismissed.

/1/ Jantec, under Contract No. F22600-90-C-0011, provides BITS and PDO services at Keesler AFB.