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B-281807 1 (1999-04-05)

handle is hein.gao/gaocrptajic0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Access Research Corporation File: B-281807 Date: April 5, 1999 J. Hatcher Graham, Esq., for the protester. Col. Barry S. Wilson, Department of the Air Force, for the agency. Aldo A. Benejam, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging contracting agency's decision to issue an initial modification to existing contract is untimely where protest was not filed until 3-1/2 years after issuance of the modification, protester acknowledges that it was aware of the agency's action when the modification was issued, and there is no indication that protester ever formally protested the agency's action. 2. Modification is within the scope of existing contract for the digitization of paper-based technical orders, where that basic contract contemplated the complete digitization of the agency's existing paper-based system, the modification at issue requires the contractor to complete the digitization effort, and the modification does not change the fundamental nature and purpose of the contract. DECISION Access Research Corporation (ARC) protests the issuance by the Department of the Air Force of modification No. 16 to contract No. F09603-93-G-0012-0005, awarded to Mercer Engineering Research Center (MERC). The modification calls for MERC to complete digitization of paper copy technical orders (TO). We deny the protest. On September 30, 1993, the Air Force issued contract No. F09603-93-G-0012-0005 to MERC for certain engineering services.1 On May 31, 1995, the Air Force issued 1The contract was issued as delivery order No. 0005 under a basic ordering agreement (BOA) between MERC and the Air Force. The order required MERC to investigate various computer-aided design (CAD) software programs to determine how CAD files could be converted from one format to another. The order was issued on a sole-source basis pursuant to a justification and approval (J&A) (continued...)

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