B-230076, Jun 29, 1990, 90-1 CPD 600
Highlights
These services are being reprocured because USDA terminated for default GF's original delivery order No. 40-KC72-9-00267 for this furniture on April 2. Once the default action was taken. We understand that GF's appeal is still pending with the Board. GF's only ground of protest is that it is allegedly unfair for the USDA to proceed with a reprocurement action while GF's appeal is pending before the Board. Is a request that our Office stay the procurement pending the Board's decision on GF's appeal. We have no jurisdiction to consider. We are not aware of any statutory or regulatory provision which precludes an agency from proceeding with a reprocurement during the pendency of an appeal of contract termination.
B-230076, Jun 29, 1990, 90-1 CPD 600
PROCUREMENT - Bid Protests - GAO authority PROCUREMENT - Contract Management - Contract administration - Convenience termination - Administrative determination - GAO review DIGEST: The General Accounting Office has no authority to consider, let alone issue, a stay of a reprocurement pending the outcome of the protester's appeal of a termination of default of its original contract.
Attorneys
GF Office Furniture Ltd.:
GF Office Furniture, Ltd. protests the reprocurement of office furniture by the Agricultural Stabilization and Conservation Service, United States Department of Agriculture (USDA). These services are being reprocured because USDA terminated for default GF's original delivery order No. 40-KC72-9-00267 for this furniture on April 2, 1990. Once the default action was taken, GF filed an appeal with the USDA Board of Contract Appeals. We understand that GF's appeal is still pending with the Board. GF's only ground of protest is that it is allegedly unfair for the USDA to proceed with a reprocurement action while GF's appeal is pending before the Board.
GF's protest, in effect, is a request that our Office stay the procurement pending the Board's decision on GF's appeal. We have no jurisdiction to consider, let alone issue, the requested stay. National Medical Staffing, Inc., B-239262, May 24, 1990, 90-1 CPD Para. 498; Air, Inc.-- Recon., B-218179.2, Apr. 10, 1985, 85-1 CPD Para. 409. addition, we are not aware of any statutory or regulatory provision which precludes an agency from proceeding with a reprocurement during the pendency of an appeal of contract termination.
The protest is dismissed.