Atlantic Coast Contracting, Inc

B-288969.4 Jun 21, 2002 Jump To VIEW DECISION DOWNLOADS RELATED PAGES GAO CONTACTS Highlights A firm protested the Department of the Army's modification of its solicitation for refuse collection and disposal services, contending that the modification exceeded the scope of the contract and resulted in an improper sole-source award. GAO held that the contract for refuse collection and disposal services, did not exceed the scope of the original contract because the fundamental nature or purpose of the contract remained unchanged. Accordingly, the protest was denied. View Decision Atlantic Coast Contracting, Inc, B-288969.4, June 21, 2002 DIGEST Attorneys DECISION Atlantic Coast Contracting, Inc. protests the Department of the Army's modification to contract No. DABT01-01-C-0006, for refuse collection and disposal services at Fort Rucker, Alabama, with Mark Dunning Industries. The modification is for Dunning to perform the requirement for front-end industrial refuse collection under the contract with its own trucks, instead of with government-furnished vehicles. Atlantic contends that the modification exceeded the scope of the contract and resulted in an improper sole-source award. We deny the protest. The refuse collection and disposal services contract, competitively solicited under invitation for bids (IFB) No. DABT01-01-B-0005, and awarded to Dunning on September 14, 2001, was to obtain solid waste collection and disposal services at Fort Rucker Alabama, for a base year with four yearly options. The total contract award price was $2,819,990. Atlantic did not submit a bid under the IFB. Due to two unrelated protests, performance of the contract was delayed until March 1, 2002. Since July 2001, Atlantic had performed solid waste collection and disposal services at Fort Rucker under monthly purchase orders to cover these services until this contract went into effect. The contract specifications required the contractor to furnish all labor, supervision, materials, supplies, and equipment necessary to collect and dispose of solid wastes resulting from residential activities, as specified by the contract. Contract Sec. C.1.b. The contract also provided that "[t]he Contractor shall provide collection of solid wastes from residential, commercial, industrial, and community areas as shown in Attachment J-2." Id. Sec. C.5. Attachment J-2 identified the location and frequency of pick-up of refuse involving the various refuse collection services. The contractor was also required to collect "all types of commercial and industrial solid wastes" at locations and frequencies set forth in paragraphs 1 through 3 of Attachment J-2, and that "[u]nscheduled (on-call) collections and other nonscheduled services are included in the indefinite quantity portion of the contract." Id. Sec. C.5.c.(3)(B). Regarding the indefinite collection requirements, the contract stated the following: f. INDEFINITE COLLECTION SERVICE REQUIREMENT. The Contractor shall provide two (2) refuse vehicle operators to perform the tasks listed below. (1) Landfill. The Contractor shall transport all refuse to [Alabama Department of Environmental Management] approved Subtitle "D" landfill designated by the [contracting officer]. (2) Vehicle. The Contractor shall use Government furnished front-loading refuse collection vehicles, which are specifically designed for refuse collection and are compatible with Government furnished 8 cubic-yard refuse containers. The Contractor shall be provided two (2) Government vehicles to be utilized for this service. (A) The Government will provide all fuel, maintenance and any required repair work to the two (2) Government furnished vehicles. (3) Refuse Containers. The Government will furnish all refuse containers covered under this section. . . . . g. INDEFINITE COLLECTION SERVICE SCHEDULED TASKS. The Contractor shall perform the tasks below on a recurring or scheduled basis. A summary of scheduled task requirements is provided in Attachment J-5. (1) Refuse Collection. Refuse shall be collected at regularly scheduled intervals as specified herein. . . . Refuse shall be collected using a Government furnished front-loading garbage truck that lifts the dumpster over the truck cab and empties it into a hopper behind the cab where the refuse is compacted. Id. Sec. C.5. /1/ Attachment J-5 lists the locations for the indefinite collection service scheduled task. In January 2002, the Army decided that furnishing government-owned vehicles to the refuse collection contractor to perform this service was not practical. Initially, the Army had included the requirement to have the contractor furnish drivers and perform this service only until the agency could outsource the requirement under a commercial activities contract, since government personnel traditionally had performed the service. See Contracting Officer's Statement, Tab H2, at 1-2.