Protest Involving Derogation of Contract Option

A contractor on a previous contract contended that the solicitation was for the same services covered by an option which was allegedly exercised under its contract. The matter of the contract option was considered since it involved subsequent procurement. Since the protester and contracting officer disagreed as to whether the option was exercised and entered into an agreement terminating the option, the contention that the procurement was in derogation of the option was academic. The agency did not compromise the protester's competitive position by allowing a competitor to view the protester's facilities since the agency had a right to do so according to the contract. Alleged improprieties in procedures leading up to eventual award to the protester were not considered.