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B-274629 1 (1996-12-19)

handle is hein.gao/gaocrptaemp0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision DOCUMENT FOR PUBLIC RELEASE A protected decision was issued on the date below and was subject to a GAO Protective Order. This version has been redacted or approved by the parties involved for public release. Matter of: Data Transformation Corporation File: B-274629 Date: December 19, 1996 Michael R. Lemov, Esq., and Eric J. Marcotte, Esq., Winston & Strawn, for the protester. Evelyn S. Tang, Esq., Department of Justice, for the agency. Andrew T. Pogany, Esq., and Michael R. Golden, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. In determining whether a task order under a contract was issued properly, the General Accounting Office (GAO) will look to whether there is a material difference between the contract, as modified by the task order, and the original contract. In determining the materiality of a modification, the GAO considers factors such as the extent of any changes in the type of work, performance period and costs between the contract as awarded and as modified, as well as whether the original contract solicitation adequately advised offerors of the potential for the type of task order issued. 2. The General Accounting Office will consider whether the agency itself has historically procured allegedly beyond-the-scope task order services under a separate and independent contract, and whether the agency has previously awarded the requirement on a basis of a different statement of work, such that it appears that the agency itself has viewed the task order services as separable and essentially different in nature from the contract under which the task order was issued. DECISION Data Transformation Corporation (DTC) protests the Department of Justice's (DOJ) decision to issue a task order to CACI, Inc. under contract No. 3C-G-ENR-0051, for services to operate DOJs Nationwide Central Intake Facility (NCIF). DTC, which had been operating the NCIF for DOJ since November 1993, contends that the task order is beyond the scope of CACI's contract and that DOJ should have conducted a competition for the acquisition. 104118

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