Out-of-scope Mod. The Defense Information Systems Agency (DISA) recently had a GAO Protest that they lost. What DISA tried to do was modify a contract to add outofscope work by contract modification. One of the sources who was involved in the original source selection protested to GAO, claiming what DISA did violated the Competition in Contracting Act (CICA), because the agency should have competed the outofscope work.
http://www.acq.osd.mil/dpap/ccap/cc/jcchb/Files/Topical/Modifications/template/out_of_scope_modification.docx
The word change leads to many misunderstandings. It is used in different contexts depending upon what is being changed. In Project Management, there tend to be differing understandings of expressions like Change Management and Change Control. The problems are compounded where participants are unfamiliar with project work and do not recognise the implicit context.
http://www.epmbook.com/scope.htm
Granted that the desired work is out of the general scope of the existing task order, but is within the general scope of the multiple-award contracts. First approach: Maybe your multiple-award task order contracts themselves will have language describing placement of orders and modification of existing orders.
http://www.wifcon.com/discussion/index.php?/topic/694-out-of-scope-modifications/
Two firms protested the Department of Defense's (DOD) modification of a contract for the operation of health care clinics, contending that: (1) the modification was beyond the scope of the original contract; (2) DOD was required to hold a competition for the operation of additional clinics; and (3) DOD's use of resource sharing agreements to convey ...
http://www.gao.gov/products/161921
A contracting officer may need to issue an out-of-scope modification. This can occur if the Government requires an increase or decrease in the scope of work beyond what is contained in the statement of work, and which will result in a change to the cost of the contract.
https://dap.dau.mil/acquipedia/Pages/ArticleDetails.aspx?aid=ad7f10df-7780-418c-a6fb-709c1014532c
Definition [Suggest Change] Contract modification is a generic term meaning any written change in the terms and scope of the contract. The terms modification and change are often used interchangeably. Definition.
https://dap.dau.mil/acquipedia/Pages/ArticleDetails.aspx?aid=ad7f10df-7780-418c-a6fb-709c1014532c
GAO held that: (1) the modification was not beyond the scope of the contract, since the contract provided for the use of resource sharing agreements as a means of enhancing the capabilities of DOD's TRICARE clinics; and (2) the regulations governing the use of resource sharing agreements were not within GAO's bid protest jurisdiction, except in ...
http://www.gao.gov/products/161921
The GAO sustained the protest, stating the additional work was a material change to the contract competed and awarded. The GAO ordinarily does not review modifications to contracts, because they are usually contract administration matters outside the purview of GAO Bid Protest regulations.
http://www.acq.osd.mil/dpap/ccap/cc/jcchb/Files/Topical/Modifications/template/out_of_scope_modification.docx
Bid Protest Regulations, 4 C.F.R. 21.11(b) (2016). On August 1, the Department of Justice filed a motion with the court requesting an advisory opinion from our Office. The court granted the motion and requested that our Office issue an advisory opinion regarding the merits of the protest Paltech filed with our Office.
http://www.gao.gov/products/161921
Does anyone know of any governing authority that talks specifically about Out-of-Scope changes. Our customers are wanting to spend additional money on a single award delivery order that was generated from our Multiple Award Task Order Contracts (MATOCs). NOTE: The delivery orders are issued on a rotational basis. The project is a new visitor center construction. However, the customers are wanting to add a shop building and pad, RV pads and a trail and boardwalk. These items were not in the original specs and drawings and are clearly out of scope.
http://www.wifcon.com/discussion/index.php?/topic/694-out-of-scope-modifications/
what is an out of scope modification
An out of scope modification is one of the  sources who was involved in the original source selection protested to GAO, claiming what DISA, Defense Information Systems Agency  did violated the Competition in Contracting Act that is CICA, because the agency should have competed the out of scope work.