B-191280, MAR 15, 1978
Highlights
DECISION OF WHETHER TO ISSUE CHANGE ORDER UNDER CONTRACT IS MATTER OF CONTRACT ADMINISTRATION WHICH IS PRIMARILY FUNCTION AND RESPONSIBILITY OF CONTRACTING AGENCY. DECIDED THAT THE ADDITIONAL WORK WAS OUTSIDE THE SCOPE OF SOUTHLAND'S CONTRACT MAKING ISSUANCE OF A CHANGE ORDER IMPROPER. SOUTHLAND STATES THAT A COMPETITIVE SOLICITATION WILL BE ISSUED FOR THE ADDITIONAL WORK. SOUTHLAND BELIEVES THAT IT HAS NOT BEEN GIVEN A SATISFACTORY REASON FOR THE REFUSAL TO ISSUE A CHANGE ORDER AND THAT THE WORK COULD BE DONE AT LESS EXPENSE TO THE AIR FORCE IF THE CHANGE ORDER IS ISSUED. THE DECISION OF WHETHER TO ISSUE A CHANGE ORDER UNDER A CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION WHICH IS PRIMARILY THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY.
B-191280, MAR 15, 1978
DECISION OF WHETHER TO ISSUE CHANGE ORDER UNDER CONTRACT IS MATTER OF CONTRACT ADMINISTRATION WHICH IS PRIMARILY FUNCTION AND RESPONSIBILITY OF CONTRACTING AGENCY, AND NOT FOR RESOLUTION UNDER BID PROTEST PROCEDURES.
SOUTHLAND CONSTRUCTION COMPANY:
SOUTHLAND CONSTRUCTION COMPANY (SOUTHLAND) HAS PROTESTED THE DECISION OF THE DEPARTMENT OF THE AIR FORCE, MAXWELL AIR FORCE BASE, MONTGOMERY, ALABAMA (AIR FORCE), NOT TO ISSUE A CHANGE ORDER UNDER CONTRACT NO. F01600 -77-90868.
ACCORDING TO SOUTHLAND, THE AIR FORCE, AFTER NEGOTIATIONS WITH IT CONCERNING ISSUANCE OF A CHANGE ORDER, DECIDED THAT THE ADDITIONAL WORK WAS OUTSIDE THE SCOPE OF SOUTHLAND'S CONTRACT MAKING ISSUANCE OF A CHANGE ORDER IMPROPER. SOUTHLAND STATES THAT A COMPETITIVE SOLICITATION WILL BE ISSUED FOR THE ADDITIONAL WORK. SOUTHLAND BELIEVES THAT IT HAS NOT BEEN GIVEN A SATISFACTORY REASON FOR THE REFUSAL TO ISSUE A CHANGE ORDER AND THAT THE WORK COULD BE DONE AT LESS EXPENSE TO THE AIR FORCE IF THE CHANGE ORDER IS ISSUED.
THE DECISION OF WHETHER TO ISSUE A CHANGE ORDER UNDER A CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION WHICH IS PRIMARILY THE FUNCTION AND RESPONSIBILITY OF THE CONTRACTING AGENCY. KELLY SERVICES, B-182071, OCTOBER 8, 1974, 74-2 CPD 197. MATTERS OF CONTRACT ADMINISTRATION ARE NOT ORDINARILY FOR RESOLUTION UNDER OUR BID PROTEST PROCEDURES WHICH ARE RESERVED FOR CONSIDERING WHETHER AN AWARD OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY AND OTHER LEGAL REQUIREMENTS. MUSTANG INDUSTRIAL CLEANERS, B-172531, MARCH 5, 1976, 76-1 CPD 158. CF. BRANDON APPLIED SYSTEMS, INC., B-188738, DECEMBER 21, 1977, 77-2 CPD 486.
ACCORDINGLY, THE PROTEST IS DISMISSED.