B-213875, DEC 29, 1983

B-213875, DEC 29, 1983

DIGEST: THE QUESTION OF WHETHER THE CONTRACTING OFFICER IS FOLLOWING THE PROPER REIMBURSEMENT RATE DURING THE OPTION PERIOD OF A CONTRACT CONCERNS A MATTER OF CONTRACT ADMINISTRATION, WHICH IS THE CONTRACTING AGENCY'S RESPONSIBILITY, NOT GAO'S.

AMERICAN MUTUAL PROTECTIVE BUREAU:

AMERICAN MUTUAL PROTECTIVE BUREAU (AMERICAN MUTUAL) PROTESTS THE REIMBURSEMENT RATE UPON THE EXERCISE OF AN OPTION BY THE CONTRACTING ACTIVITY UNDER A CONTRACT AWARDED TO THE FIRM FOR JANITORIAL SERVICES UNDER SOLICITATION NO. GS09P00613 ISSUED BY THE GENERAL SERVICES ADMINISTRATION. AMERICAN MUTUAL ALLEGES THAT THE CONTRACTING OFFICER, IN PURPORTEDLY EXERCISING AN OPTION PROVIDED FOR IN THE CONTRACT, IS REFUSING TO FOLLOW THE AGREED-UPON REIMBURSEMENT RATE FOR THE OPTION PERIOD.

WE DISMISS THE PROTEST.

OUR BID PROTEST FUNCTION IS RESERVED FOR CONSIDERING WHETHER THE CONTRACT AWARD PROCESS IN A PARTICULAR PROCUREMENT COMPLIED WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. SEE 4 C.F.R. PART 21 (1983). THE QUESTION AMERICAN MUTUAL RAISES CONCERNING THE REIMBURSEMENT RATE DURING THE OPTION PERIOD UNDER THE CONTRACT PERTAINS TO A POSTAWARD MATTER AND, AS SUCH, FALLS WITHIN THE AMBIT OF CONTRACT ADMINISTRATION, WHICH IS THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY. SEE THE SWANSON CORPORATION, B-212474, AUGUST 8, 1983, 83-2 CPD 186. THEREFORE, WE WILL NOT CONSIDER THE QUESTION.

THE PROTEST IS DISMISSED.