Reconsideration of Decision That Contractor Was Entitled to Subsequent Sole-Source Procurement

A company requested reconsideration of a decision which found that the awardee had agreed to materially alter its position under a contract only because of the understanding that it would receive a separate negotiated contract for replacement of aircraft diverted to a foreign military sale. Since the modifications made in the original contract constituted cardinal changes, they could not have been executed under the changes clause of that contract, and the awardee's position was materially changed by the modification. There was no clear refutation of the understanding regarding replacement under a sole source contract; since the Army did not refute this finding, there was no basis to question it.