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B-240295,B-240295.2,B-240295.3 1 (1990-11-06)

handle is hein.gao/gaobacxyz0001 and id is 1 raw text is: 



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

Decision





Matter  of:    Defense Systems Group; Warren Pumps, Inc.;
               Dresser Industries, Inc.

File:          B-240295; B-240295.2; B-240295.3

Date:          November 6, 1990


R.  J. Shoffstall, P.E., for Defense Systems Group;
David  R. Hazelton, Esq., Latham & Watkins, for Warren Pumps,
Inc.;  Kenneth S. Kramer, Esq., Fried, Frank, Harris, Shriver,
&  Jacobson, for Dresser Industries, Inc., for the protesters.
Katherine  S. Nucci, Esq. and Timothy Sullivan, Esq., Dykema
Gossett,  for Scot Division of Ardox Corporation, an interested
party.
Jonathan  H. Kosarin, Esq. and Sandra D. Baker Jumper, Esq.,
Department  of the Navy, for the agency.
Paul  E. Jordan, Esq., Paul Lieberman, Esq., and John F.
Mitchell,  Esq., Office of the General Counsel, GAO,
participated  in the preparation of the decision.

DIGEST

1.   Protests that contract modifications at substantial price
increase  were beyond the scope of the original contract and
constituted  an unjustified sole-source procurement are timely
where  filed within 10 working days of when the protesters
first  learned the amount of the price increase.

2.   Modifications which involve substantial cost and affect
first  article test requirements, delivery schedule, and
performance  specifications do not constitute a cardinal
change  where the nature and purpose of the original contract
as well  as the field of competition remain unchanged.


DECISION

Defense  Systems Group (DSG), Warren Pumps, Inc., and Dresser
Industries,  Inc. protest the modification of contract
No. N00104-86-C-0605,  awarded to Scot Division of Ardox
Corporation,  by the Navy Ships Parts Control Center, for the
supply  of 675 centrifugal pump units and corresponding parts.
The protesters  contend that contract modifications which waive
most  of the first article test requirements, extend the
delivery  schedule, change a noise level specification, and

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