B-206197, FEB 17, 1982

B-206197, FEB 17, 1982

DIGEST: PROTEST THAT AGENCY SHOULD HAVE EXERCISED OPTION WITH INCUMBENT CONTRACTOR FOR SECURITY SERVICES INSTEAD OF ISSUING A NEW SOLICITATION FOR CONSOLIDATED SERVICES, INCLUDING SECURITY SERVICES, IS DISMISSED BECAUSE WHERE AN OPTION IS EXERCISABLE AT THE DISCRETION OF THE GOVERNMENT THE DECISION WHETHER TO DO SO IS A MATTER OF CONTRACT ADMINISTRATION NOT FOR REVIEW BY GAO.

WASHINGTON PATROL SERVICE, INC.:

WASHINGTON PATROL SERVICE, INC. (WPSI) PROTESTS THE NAVAL FACILITIES ENGINEERING COMMAND'S (NAVY) DECISION NOT TO EXERCISE ITS OPTION TO EXTEND WPSI'S CONTRACT (NO. N62474-81-C-7623) AN ADDITIONAL YEAR. THE CONTRACT IS FOR SECURITY SERVICES AT THE NAVAL WEAPONS CENTER, AND CONTAINS A BASE TERM OF ONE YEAR PLUS AN OPTION FOR AN ADDITIONAL YEAR. WPSI ALLEGES THAT AT THE TIME THE NAVY SOLICITED BIDS IT HAD NO INTENTION OF EXERCISING THE OPTION BECAUSE IT INTENDED TO CONSOLIDATE ALL SERVICES - JANITORIAL, SECURITY, MAINTENANCE, CLEANING AND THE LIKE - IN ONE PRIME CONTRACT.

WHERE AN OPTION IS EXERCISABLE AT THE DISCRETION OF THE GOVERNMENT, THE DECISION TO EXERCISE THE OPTION OR TO ISSUE A NEW SOLICITATION IS A MATTER OF CONTRACT ADMINISTRATION AND IS NOT A MATTER FOR CONSIDERATION UNDER OUR BID PROTEST PROCEDURES. LOGISTICAL SUPPORT, INC., B-203741, JULY 8, 1981, 81-2 CPD 22. WE ASSUME THE SUBJECT OPTION WAS EXERCISABLE AT THE SOLE DISCRETION OF THE GOVERNMENT BECAUSE THE PROTESTER DOES NOT ALLEGE OTHERWISE, AND BECAUSE THE REGULATIONS GENERALLY CONTEMPLATE SUCH AN OPTION. SEE DEFENSE ACQUISITION REGULATION (DAR) SEC. 7-1903.22 (1976 ED.).

THE PROTEST IS DISMISSED.