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B-204627 1 (1981-09-28)

handle is hein.gao/gaobabkeo0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL /7:~ B-204627 September 28, 1981 Mr. Maxwell R. Mitchell Touch & Klean Typewriter Cleaning Service 5002 Doppler Street Capitol Heights, Maryland 20027 Dear Mr. Mitchell: We refer to your letter of August 26, 1981, complaining about a number of procurements conducted by the Defense Sup- ply Service (DSS) to service typewriters. We also have re- ceived material on the complaint from Senator Mathias' office. Although the reason for your complaint to our Office is not entirely clear, it appears that you are objecting to the fact that DSS decided to compete its requirement for fiscal year 1982 rather than exercise the final year's option in a typewriter servicing contract that it awarded to your firm two years ago. Also, apparently you are requesting our help in recovering money which you believe DSS owes you under your contract. We regret that we are unable to be of assistance in either matter. Regarding the first matter, the option provision in your contract with DSS evidently stated that the option was exercisable at the sole discretion of the Government. Our Office will not consider an incumbent contractor's contention that an agency should have exercised the option in the firm's contract where the contract provides that the option exercise is solely within the Government's discretion. The reason is that the decision-whether to exercise the option or to issue a new solicitation for the services involves the contracting agency's administration of the contract, which we do not review. We also cannot consider your claim to payment for work allegedly performed under your contract with DSS. The Con- tract Disputes Act of 1978, 41 U.S.C. §§ 601-613 (Supp. III 1979), requires that all claims relating to a contract be (4[7I

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