Matter of: Safety-Kleen Corporation File: B-274176; B-274176.2 Date: November 25, 1996
B-274176,B-274176.2: Nov 25, 1996
Protest that contracting agency's direction to awardee concerning its performance of a contract constituted an improper out-of-scope modification of that contract is denied where the record shows that the resulting change is not a material one . The magnitude of the change in relation to the overall effort is minimal. There is no evidence that the field of competition would have been materially changed. General Accounting Office will not sustain protest where the agency believes that its minimum needs do not require the submission of such a certificate. Where there is no evidence that the protester has been prejudiced by the agency's waiver of the requirement. Safety-Kleen argues that ChemFree's proposal failed to meet one of the solicitation's material requirements and should have been found technically unacceptable.