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B-272399 1 (1996-10-03)

handle is hein.gao/gaocrptaeiz0001 and id is 1 raw text is: 






' ITW'


1133104


Comptroller General
of the United States
Washington, D.C. 20548

Decision



Matter of: Insituform East, Inc.

File:        B-272399

Date:        October 3, 1996

Michael J. Hogan, Esq., Witte, Lestz & Hogan, P.C., for the protester.
Diane D. Hayden, Esq., Brian H. Wood, Esq., and Patrick J. Coll, Esq., Department
of the Navy, for the agency.
Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel,
GAO, participated in the preparation of the decision.
DIGEST

Specification for sewer rehabilitation services which references an American Society
for Testing and Materials standard dealing with the inversion method of sewer liner
installation does not preclude the use of other installation methods.
DECISION

Insituform East, Inc. protests the alleged modification to contract No. 00187-94-D-
8197, awarded by the Department of the Navy to Video Pipe Services, Inc. (VPSI)
under invitation for bids (IFB) No. N62470-94-B-8197 for sewer rehabilitation
services at various Navy installations in the Norfolk, Virginia area. Insituform
contends that the contract requires use of the inversion installation method, but that
the Navy is allowing VPSI to use a winching installation method. 1 By so doing,
Insituform argues, the Navy has modified the contract beyond the scope of the
contract initially awarded.

We deny the protest.

Because a contract modification that goes beyond the scope of the contract is
tantamount to a sole source award that may not be justified, we will review a
protest challenging a contract modification where the allegation is that a
modification is beyond the contract's scope and therefore should be the subject of a


1The inversion method involves inverting a resin-impregnated flexible liner into a
sewer cavity using water or air pressure; this procedure resembles a sock being
pulled inside out. The winching installation method requires dragging the liner into
place using a guide wire which is inserted through a manhole opening at the end of
the sewer cavity.

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