[Protest Claiming Contract Modification Was Beyond Scope of Contract]

Two firms protested the Department of Defense's (DOD) modification of a contract for the operation of health care clinics, contending that: (1) the modification was beyond the scope of the original contract; (2) DOD was required to hold a competition for the operation of additional clinics; and (3) DOD's use of resource sharing agreements to convey operation of the clinics to the incumbent contractor violated the regulations applicable to the use of such agreements. GAO held that: (1) the modification was not beyond the scope of the contract, since the contract provided for the use of resource sharing agreements as a means of enhancing the capabilities of DOD's TRICARE clinics; and (2) the regulations governing the use of resource sharing agreements were not within GAO's bid protest jurisdiction, except in cases of alleged misuse by an agency to avoid applicable federal procurement regulations. Accordingly, the protest was denied.