Link: GAO Opinion
Agency: Department of the Army
Disposition: Protest denied in part, dismissed in part.
General Counsel P.C. Highlight:
GAO denied in part, and dismissed in part, the protest of Cornische Aviation & Maintenance, LTD, based on the decision of the Department of the Army to modify the Logistics Support Facility (LSF) contract held by Science and Engineering Services, Inc. (SES).
SES was awarded the LSF contract, which was a single-award, indefinite-delivery, indefinite-quantity contract. The Army subsequently issued a justification and approval (J&A) increasing the ceiling of the LSF contracts, which was published on the FedBizOpps website. The Army then issued a modification to the LSF contract, which directed SES to overhaul Mi-17 helicopters and again increased the ceiling of the contract. In 2012, another modification was issued to SES, which required the overhaul of helicopters, and technical support and training.
Cornishe argued that the second modification was improper where the requirements were outside the scope of the underlying LSF contract and the Army should not have issued the modification where SES is not capable of performing the work. GAO found that the requirements were clearly within the scope of the underlying contract where the contract specifically addressed aircraft repairs, overhauls, and related logistics. GAO also stated that the ability of SES to perform does not relate to the scope of the modification. The performance of a contractor is a matter of contract administration that GAO will not review.