_________________________________________________
 
           DISMISSED FOR LACK OF JURISDICTION: July 16, 1993
           _________________________________________________
 
 
                             GSBCA 12468-P
 
 
                     K & R VENDING SERVICES, INC.,
 
                                        Protester,
 
                                   v.
 
                         DEPARTMENT OF JUSTICE,
 
                                        Respondent.
 
        Robert  C.  Litwack  of Litwack  &  Litwack,  Bridgeton, NJ,
   counsel for Protester.
 
        Elizabeth A.  Nagy and  James L.  Ropelewski, Department  of
   Justice, Federal Bureau  of Prisons, Washington, DC,  counsel for
   Respondent.
 
   Before Board Judges LaBELLA, DEVINE, and VERGILIO.
 
   VERGILIO, Board Judge.
 
        On  June 25, 1993, K & R  Vending Services, Inc., filed with
   the Board a  "notice of appeal or protest."   The respondent, the
   Department of Justice,  Federal Bureau of Prisons,  is attempting
   to  obtain vending  machine services.   K &  R contends  that the
   agency improperly  determined that  K & R  would not  receive the
   award  under a given solicitation, and that the agency improperly
   failed to  exercise an  option under  a contract  with K  & R  to
   satisfy the agency's requirements.
 
        The  agency  has moved  to  dismiss  the  case for  lack  of
   jurisdiction.  The Board grants the motion.
 
                            Findings of Fact
 
        The  agency issued a request for proposals to obtain vending
   machine services.  In particular, the contractor would supply and
   maintain vending equipment and microwave ovens, while keeping the
   machines supplied with soda, candy,  milk, juices, and the  like,
   not with automatic data processing equipment (no bags of computer
   chips).
 
                               Discussion
 
        The  agency  has moved  to  dismiss  the  case for  lack  of
   jurisdiction.     It  maintains  that  the  Board  lacks  protest
   jurisdiction because the procurement is not subject to the Brooks
   Act.  It  also notes that the Board does not decide appeals under
   contracts made by the Department of Justice.
 
        K & R states in a submission dated July 7:
 
             In reviewing the Rules of your tribunal  forwarded
        to me  on the filing of  this protest I  note that your
        jurisdiction  is only partly related to 40 U.S.C.   759
        but also  extends to certain  other areas.  While  I do
        not profess to be experienced  in this area, it appears
        that  the government's  objection  to jurisdiction  was
        based solely on the matter falling outside of 40 U.S.C.
          759.  To the extent your jurisdiction is not strictly
        limited  to  40   U.S.C.    759  you  may   still  have
        jurisdiction.
 
   K & R provides no discussion or support for the proposition  that
   the Board has jurisdiction over  the case either as a  protest or
   as an appeal.
 
        The record establishes  that the procurement is  not subject
   to the Brooks  Act.  There  is no indication that  automatic data
   processing  equipment,  40  U.S.C.    759(a) (1988),  or  federal
   information processing  resources under  regulatory parlance,  41
   CFR  210-4.001 (1992), is part of  the procurement.  Accordingly,
   the Board lacks protest jurisdiction over this case.    759(f).
 
        This  Board does  not  decide  appeals  under  the  Contract
   Disputes Act  relative  to contracts  made by  the Department  of
   Justice.  See 41 U.S.C.    607(d) (1988).  Accordingly, the Board
   lacks jurisdiction over this case as an appeal.
 
                                Decision
 
        This case is DISMISSED FOR LACK OF JURISDICTION.
 
 
                                        _________________________
                                        JOSEPH A. VERGILIO
                                        Board Judge
   We concur:
 
 
 
   _________________________            _________________________
   VINCENT A. LaBELLA                   DONALD W. DEVINE
   Board Judge                          Board Judge