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B-231042.2, May 25, 1988, 88-1 CPD 502

B-231042.2 May 25, 1988
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PROCUREMENT - Bid Protests - GAO procedures - GAO decisions - Reconsideration PROCUREMENT - Bid Protests - GAO procedures - Purposes - Competition enhancement DIGEST: Dismissal of protest is affirmed as General Accounting Office will not consider a protest that the agency should have modified its contract with the protester rather than issue a solicitation for additional work. To assure that free and open competition is obtained to the maximum extent possible. Is not furthered by requiring an agency to reduce competition. On the basis that resolution of disputes concerning the administration of existing contracts and the government's refusal to exercise contract options are matters of contract administration.

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B-231042.2, May 25, 1988, 88-1 CPD 502

PROCUREMENT - Bid Protests - GAO procedures - GAO decisions - Reconsideration PROCUREMENT - Bid Protests - GAO procedures - Purposes - Competition enhancement DIGEST: Dismissal of protest is affirmed as General Accounting Office will not consider a protest that the agency should have modified its contract with the protester rather than issue a solicitation for additional work; the purpose of the bid protest process, to assure that free and open competition is obtained to the maximum extent possible, is not furthered by requiring an agency to reduce competition.

Allied Painting & Decorating Co.-- Request for Reconsideration:

Allied Painting & Decorating Co. requests reconsideration of our dismissal of its protest, B-231042, against the decision of the Department of the Air Force to issue a solicitation for cleaning, grounds maintenance, and roof repair services, rather than modify Allied's contract, No. F16602-87-D0005, for the maintenance of military family housing to include this work. We dismissed Allied's protest on April 19, 1988, on the basis that resolution of disputes concerning the administration of existing contracts and the government's refusal to exercise contract options are matters of contract administration, outside the scope of the bid protest process.

We affirm the dismissal.

In its request for reconsideration, Allied argues that the Air Force's refusal to modify the firm's existing contract and decision instead to issue a solicitation for the services constitutes a breach of contract and improperly circumvents the competitive process. We reiterate, however, that disputes such as this, arising under an existing contract, generally are matters of contract administration, which are outside the scope of our bid protest function. See 4 C.F.R. Sec. 21.3(m)(1) (1988); Feinstein Construction, Inc., B-207506, June 7, 1982, 82-1 CPD Para. 548.

We point out, furthermore, that the purpose of our bid protest function is to ensure that free and open competition is obtained to the maximum practicable extent. The relief sought by Allied, i.e., requiring the agency to procure the services through a modification of Allied's contract in li of a competitive solicitation, would reduce competition. See The Bartow Group-Architects, B-220300, Oct. 7, 1985, 85-2 CPD Para. 387. this regard, we note that Allied will have an opportunity to participate in the competition for the award of a contract for the additional services.

Our prior decision is affirmed.

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