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B-177727 1 (1973-06-06)

handle is hein.gao/gaobaadcx0001 and id is 1 raw text is: r.- COMPTRnOLLER GENERAl. ODF THE JNITED STATEM 3101(0 bYASfgtflhF(3 D.C. a11b1( )-177727 June 6, , 73 Robert Sherift'n loas & Assocates 1819 11 stricot, I't. Waslihington, D. 0. 20006 COntlemLu 1 fleference is mad to your letter of April 25, 1973, and prior corrcapondcc, proten-tng on behalf of Avia 1ncorpor~tc4 (Avion) L ha ard of ftlcontract~to any other fir undo' ZYJ PAAAO-73B-000, issued by the Azy Hu tin Coand, (IPWO.), Joliot, 11inois. The subject olicitattont lsou4 on Septnb*er 6, 1972, vas to procure a total oat 30,637 1i1A safety and armnl devieo -in a uultF- year basis. Four b~ds vex ra eivd in responnc to the Invitation with Avine bninn the 1, b4ddcr, As a reault of tha pree.ard survey conducted on November 9, 1972, at Avtauz'o plant, Miet was vdturmined to be nonreoponedblo vih respect to technical capability, p odaction cnpnbflity, fin nni.al capsbility, pvrchasing and *vubcontracting, quality assurance capabilIy, labor vesourco and the ability to eet thi roqulred schedule, Whe deter=Lutmton of nonreaponibflity was roefrocd Lo the 5=11X Duaiueau Adakiotration (SM) to detemzino if a Cortlfittte of Ccnpetncy (COC) shoul be issud,, such referral boing pursuant to parcgraph 1-70594 of the Armed Services Procurmtnt Regulation (tJPR), On Decater 22, 1972, SM rotund to Isus the COC and on )l cembor 27, 1972, Avian preteated to thi Office the wnfavoroblo 1 reawrd survay aid the denial of the COC, On January U, 1973, an avad was made to DlX Preciion lrcducts (icut) du* to an urgency deterouinatioa unde ipusuant to AEPR 'Z-407.8(b)(3), You have contended that the prereard survy report wa iaceurate and that peroonnel frou Picatitvny Arsinal participated in the pro- ward survey to favor KUX, the Incumbent contractor for the 11114 safety and arming device. You hv. stated that the actual rawou Avien w foud to be nonreopousible and denied n XOC isf. that it we a dobtor-in-poenauton upder Cmpter X1 of tte ankruptoy Act. kciTer, the contracting officer's report, a copy of which wis furnished to you, indicates that the contracting offlor's detetmna- tion ot' financial nonreoaponobility vas based cn finmnct. factors boyand the ftct that Avien was operating m a dobtor-in-posseou iou tianr (Mapt.n X: of the Dwmkruptcy Act. further, even it the prawnrd *, I

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