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B-188043 1 (1977-03-07)

handle is hein.gao/gaobadekq0001 and id is 1 raw text is: i FILE: 5-18803 MATTER OF: DATE: br To 19fIl C. G. Ashe Enterpriss DIGEST: Where record shows that under option provisions contract is renewable at sole discretion of Government, CAD will not consider incumbent contractor's contention that agency should have exercised contract option provision instead of issuing new solicitation. C. G. Ashe Enterprises (Asbe) protests the Army's decision .sot to exercise the option under its coatract No. DA3T57-75-B-0078, for grass cutting services, beyond October 11, 1976, at Fort Eustis, Virginia. The contract was renewable under the option provision at the sale discretion of the Government. Recently, thid Office ha. considered similar protests on the merits. A. &C. Elsctonics, Inc..:B-185553, May 3, 1976,,76-1 CPD 295 (we concluded,.citng ArmedServices Procurement Regulation H0 1-1505(c), (d)-(1075 ed.) andIE-173141, Oct6ber 14, 1971, that a contracting-officer had a reasonable basis for the decision not to exercise the option 6f the protester's contract); Raven Industric, Inc., 3-18052,'February 11, 1975, 76-1 CPD 90 (we found no basis for legal objeetion to a contracting officer's determination to limit the exercime of the option clause to a specific number of units); Fox-IternationalL Ine., 1-181675, March 3, 1975, 75-1 CPD 126 (we found no basis to object'to the refusal f an agency to exer- cise the protester's contract option). In prior cases, however, if the record rihowed that a contract's option clause could only be exercised at, the sole diieretion of the Government, then a protest was d iied without exauiniug 'the citrtg2ing officer's rationale. See. a.m., ThdNaticiallash-Ritiiter Company, B-179045, March 5, 1974, 74-1 CPD 116; 36'Lv-p. Gen. 62 (1956). There, we believed it sufficient merely to point out that since such options were purely for the icterest and benefit of the Government, any determination that che exercise of such option would be contrary to the Government's - 1- C U, ri C t t________ I- I ~go lasheel anyle Pro. I U THE CPStRCOLLUE RENENAL OECIION .P TVM UNITEO STATUE S *ns WASHINevOcN. . c. Ro5s

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