About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-191078 1 (1978-05-17)

handle is hein.gao/gaobadgbl0001 and id is 1 raw text is: 

I


                                         I '  THP  OFFE1TTROLLERI  RENWHAL   
                      DECISIlON     .                  1 UNITEo avATas
                                              5 w .TON.         DC.  2054



                      FILE:  f-191078               DATE:  Way 17, 1918

                      MATTER  OF:   Kent Watkins & Associates, Inc.

                      DIGEST:

                          Sole source award, in form of modification to
                          existing contract which doubles contract costs
                          and performance period, is not legally justi-
                          fled where agency relies solely on incumbent's
                          experience with project, agency's desire to
                          avoid administrative inconvenience, and costs
                          resulting from change of contractor, but does
                          not establish that incumbent is uniquely quali-
                      j   tied to provide required services. GAO therefore
                          recommends that agency conduct competitive
                          procurement and terminate existing contract
                          should award to firm other than incumbent
                          be advantageous to the Government.

                            Kent Watkins & Associates (KWA) protests through
                      its counsel the issuance of Amendment No. 3 to contract
                      No. 5-4106, between Coopers and Lybrand (Coopers) and
                      the Department of Housing and Urban Development (HUD),
                      for technical consultant services in the monitoring and
                      evaluation of HUD's Target Projects Program (TPP).  KWA
                      contends that by rPlre than doubling the original contract
                      both in terms of cost and period of performance, as
                      well as providing an altered Statement of Work, the
                      amendment constituted a cardinal change beyond the scope
                      of the contract and that the agency requirement should
                      have been the subject of a competitive procurement
                      instead of what in effect constituted a sole source
                      procurement which HUD has not justifieu with legal
                      sufficiency. KWA requests that the contract be terminated
                      for the convenience of the Government and competitively
                      resolicited or, in the alternative, that KWA be awarded
                      proposal preparation expenses for the proposal it pre-
                      pared in expectation of the competitive procurement
                      which HUD'S Government Technical Representative (GTR)
                      Lad ailegedly promised KWA.




61

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most