B-229747, Mar 3, 1988, 88-1 CPD 227
Highlights
PROCUREMENT - Sealed Bidding - Bids - Options - Evaluation DIGEST: There are no legal or regulatory requirements that an agency evaluate options in a particular procurement. OSSI contends that the failure to include option periods is not in the government's best interest since increased small business competition and lower bids could be obtained if option periods were evaluated. Our Office is authorized to decide bid protests which concern alleged violations of a procurement statute or regulation. We are not aware of any law or regulation which requires the agency to evaluate options in this case. Merely indicates that contracting officers may include options in a contract when it is in the government's best interest.
B-229747, Mar 3, 1988, 88-1 CPD 227
PROCUREMENT - Sealed Bidding - Bids - Options - Evaluation DIGEST: There are no legal or regulatory requirements that an agency evaluate options in a particular procurement.
Operations Service Systems, Inc:
Operations Service Systems, Inc. (OSSI), protests any award under invitation for bids No. DAKF61-87-B-0091, issued by the Department of the Army, Fort McCoy, Wisconsin, for custodial services. OSSI contends that the failure to include option periods is not in the government's best interest since increased small business competition and lower bids could be obtained if option periods were evaluated, and the work could be performed with less operational disruption.
We dismiss the protest.
Under the Competition in Contracting Act of 1984, 31 U.S.C. Sec. 3552 (Supp. III 1985), our Office is authorized to decide bid protests which concern alleged violations of a procurement statute or regulation. We are not aware of any law or regulation which requires the agency to evaluate options in this case. Federal Acquisition Regulation Sec. 17.202(a) (FAC 84-3), merely indicates that contracting officers may include options in a contract when it is in the government's best interest. Here, the contracting officer determined that options were unnecessary to obtain adequate competition because the agency normally receives 10-20 bids yearly for the services in question. Consequently, since the determination is discretionary, our Office will not consider a protest alleging that option periods should be evaluated. International Business Investments, Inc., 63 Comp.Gen. 463 (1984) 84-1 CPD Para. 693.
The protest is dismissed.