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B-177847 1 (1973-07-10)

handle is hein.gao/gaobaacyr0001 and id is 1 raw text is:           *!



          'Otis~COMPTROLLKR OGL4CRAL OF T14E UNITED0 STATES
       jt'                                                       Oai#_



           3I-177847
                                                         JalW 10, 1973


           Akin, Gump, Straws, Uauor & 7el
           602 Madison Office luildin
           31.55 15th trnot, 1,
           Washington, D.oC.  20005

               AttestLou   Lauren. J. Moffma, Req.
          Gentin:t

               Reference Is mado t your letter of May 11, 1973, ajd prior
          correspondence, proteting on behalf of Tons lnstrueata Licorporatod
          (TI) the award of contract Ho. DOT-FA731A-3228 to General Dyonrles,
(          leoctronics Diviason (0),# by the Dopartment of Trnasportotion (OT),
          Ydoral Aviation Adai/nstration (M ),
 ('            You object to the award on the grounds that the procurement should
          have been advertiood ratier: than nogniate4; that ward chould hove
          be mde to 1 on the basis of ItsI nitial proposals that thoe arvecy
          ixpropurly conaidered a late price reduction by C 01Ciat t! Office of
          the Secretary of Transportation (OST) nlatfully Intorvened In ccrtamn
          procureamt decisions made by FM g and that award to CD may vioLate tflo
          provisiona of the Buy Amrican Act. You requent that thoe award to CD
          be set aside, and that ward be med. to T oan the terms opecVeiJ u
          Its previous proposal.

               For the reans which folym, the protart Is dented.
               Request for proposals (RIP) WLk, -2-7630 vas issued on March 17.
          1972, for the design, dovelopamt, fabrication rd Installation of
          certain a.rport sux-vailtaca radar equlpment, spacifically, 31 units
          of the systc described as the ASo-8. Separate cost and tochnical
          proposals wre solicited. Amendment No. 2 to the RW doted May 11,
          19.72, eheged the type of contract to be wardod from costeplus-fixod-
          fee to fixeM-price-incentive, with five It.m, iuvoLving data and
          certain support service., oc a fixed-prie.e bats. The amnda n  aloe
          ltudalted the tequIrenme that offerers subm* t cost or pricing data.

0       '      Umly pzwpoeals vero escind from    U end G   =Hay 23, 1972,
          w/el target pric a follnst

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