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B-188408 1 (1978-02-16)

handle is hein.gao/gaobadfsu0001 and id is 1 raw text is: I I -'4 ha £THE~ COMAPTROL.LER DrzEEAL2 C!1E CII.C.CN OF THE UNITED STATERl W, A 41i~ W AHIN G TON. 0D. C. 2O0 - 4 E FILE: 3--188408 MATTER OF: DATE: February 16, 1978 American Air Filter Co., Inc. DIGEST: Contract modification which substitutes diesel for gasoline engines, thereby increasing unit price by 29 percent, substantially extending time for deliv- ery, and resulting in other significant changes to original contract requirements is outside scope of original contract, and Government's new require- ments should have bean obtained through competition. GAO recommends that agency consider practicability of terminiting contract for convenience of Government and competitively so)iciting its requirement for diesel heaters. This protest filed byAmerican Air Filter Co., Inc. (AAF) essentially raises two issues. The first is whether the Defense Logistics Agency (DLA) awarded a contract -o the Davey Compressor Company (Davey) with the intention of later changing the contract requirements. The second is whether the supplrmental agreement between DLA and Davey which modified the contract was outside the scope of the original contract. ln view of our decision on the second question, we need not consider the first. On October 25, 1976, in accordance witn a purchase request from the Air Force, DLA awarded Davey Contract No. DSA700-77-C-8013, to !3upply, over a three year period, a base quantity of 2,400 and an option quantity not to ex- ceed 2,400 portable heaters (Heaters, Engine and Shelter, Ground Portable, type H-1, Class I in accordance with Military Specification MIL-H-46078, as amended). Speci- fication MIL-1-4607D, as originally incorporated in the contract, called for a heater using a gasoline cngine as the prime mover and gasoline as the fuel for the heat- er's combustor. - 1- p I q 'A I _ I a- I , 1,

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