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B-185052 1 (1976-02-11)

handle is hein.gao/gaobaddqn0001 and id is 1 raw text is: THE COMPTROLLEt GENERAL 'DECISION J~.OF THE UNITED BTATES VWASHINGTON. D.C. 2O548 FILE: B-185052 [DATE: Fe7-ruary 11,1976 MATTER OF: Raven Industries, Inc. DIGEST: 1. Where protest allegations not filed within 10 days after basis for protest was known or should have been known, con- tentions are untimely filed and ineligible for consideration by this Office. 4 C.F.R. § 20.2(b)(2). 2. Agency not required, by terms of contract's 100-percent -option clause, to exercise option either in part or entirety. Accordingly, decision to exercise approximately 55 percent of option and to procure remainder from another contractor because items were urgently required and agency determined that protester's capabilities were insufficient to accommodate all of its existing requirements, is not subject to legal objection by this Office. The subject protest has been filed against the course of action taken by the United States Army Electronics Command, Fort Monmouth, New Jersey, to fulfill an urgent requirement for 14,667 AM-1780 amplifiers. The protester has urged that a letter contract for 6,000 of the items, awarded on a sole-source basis to AVCO Corporation, be cancelled; that the Government exercise the balance of its 100-percent option under Raven's ccntract DAABO7-75-C-0154 (awarded June 30, 1975 for 5,457 each); and that the remainder of the requirement be competitively procured. The record shows that after the award of contract -0154 to the protester, the requirement for 14,667 amplifiers was received. The contracting officer developed a threefold plan to meet this need. He divided the most urgent portion of the requirement between the protester and AVCO Corporation by exercising an increase option under the protester's contract -0154 to the extent of 3,000 units and by awarding a sole source letter contract for 6,000 units to AVCO, which had just completed a contract for the same item. The remainder of 5,667 units was to be procured through competitive negotiations. - 1 -

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