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B-288969.4 1 (2002-06-21)

handle is hein.gao/gaocrptaobq0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Atlantic Coast Contracting, Inc File: B-288969.4 Date: June 21, 2002 Hugh R. Overholt, Esq., Jennifer L. Bowman, Esq., and Albert R. Bell, Jr., Esq., Ward and Smith, for the protester. Reginald M. Jones, Esq., and Karl F. Dix, Jr., Esq., Smith, Currie & Hancock, for Mark Dunning Industries, an intervenor. Captain Ronald D. Sullivan, Department of the Army, for the agency. Charles W. Morrow, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Modification to contract for refuse collection and disposal services, which only shifted the responsibility of the contractor to perform front-end industrial refuse collection with its own vehicles and containers instead of with government-furnished vehicles and containers, did not exceed the scope of the original contract because the fundamental nature or purpose of the contract remained unchanged. DECISION Atlantic Coast Contracting, Inc. protests the Department of the Army's modification to contract No. DABTO1-01-C-0006, for refuse collection and disposal services at Fort Rucker, Alabama, with Mark Dunning Industries. The modification is for Dunning to perform the requirement for front-end industrial refuse collection under the contract with its own trucks, instead of with government-furnished vehicles. Atlantic contends that the modification exceeded the scope of the contract and resulted in an improper sole-source award. We deny the protest. The refuse collection and disposal services contract, competitively solicited under invitation for bids (IFB) No. DABTO1-01-B-0005, and awarded to Dunning on September 14, 2001, was to obtain solid waste collection and disposal services at Fort Rucker Alabama, for a base year with four yearly options. The total contract award price was $2,819,990. Atlantic did not submit a bid under the IFB. Due to two

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