HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.gao/gaobaadmb0001 and id is 1 raw text is:
COMPTROLLER GENERAL OF flW UN171ED TArIXT
WASH INGTON, D.C. U44
1-1fo07 oveter 12, 1973
., 40113
3eavis, Pogue, el & o
100 Connecticut Avenue, NV,
Wahington D.C. 20336
Attention: W. Staufield Johnson# Esq.
We are in receipt of your letter of October 2, 1973, with enclosuros,
and other cotzaunictions, protestA q c behalf of Arvin Gyatemn, Inc
(Arvin), againut two procurcient actions by the Anronnutical Systems
Divinion of tho Departmnxt of the Air rorce. Arviuiw aprotested tim
ard of eoutract F33657-72--nOUtd to TAC Corporation of Tokyo, Japin
(TUAC), on Hay 8, 1972, and the iosuance of requeot for proposals (HIP)
733S57-73-R-0944 on a soie-oource basle to TCC on June 30, 1973.
Initially, your protest questions the award of contract F33657-72-
C-0841 to ClA, Award wra made to TFAC on lay 8, 1972. ilowevor, you
protnted to our Office on Juno 27, 1973, 13-1/2 mouths aftor the finn].
adverse agency action. Section 20.2(n) of the Interim Bid Protect A'ro-
codurem and Stndnxds stateo in pertinnt pare ttnts
* * * In other Mcas, bid protests shat. be filed not later
than 5 days after the basis fou tho pro : iq kaon ox should
have bee knowu, whichever io carlier. 't i.
Since your initial contentions uo queelion an rcvrorso agency action
occurring many months ao, this aspect of your pxtest is clearly
twtnely and df1 not b)e considered.
The essence of your protest against the solt-cource FlP oa be
cvnrized no 6fl1owos (1) the Ai Force has volated 10 U.S.C. 2304(p)
by acting aroltxarily in its doterrination to uol,.cit a forin source
o0 a soloe-source basis, and in not soliciting potctial doweetic sources,
including Arvin, for the production of all or pert of this oquipnontl end
(2) that the Air Force has abused its discretion In waiving the iuy
Azricsn Act, *41 U.S.C. l0&n-d. Your scond contention is a permutation
of the firat since voivor was predicated on the determination that only
'fAG (a foreigu ource) has demonstrated the ability to aact the require-
ueuts of the R1' as of thin data. Boo Armed Satvizes Procuremant
Regulation 6-103.2.
£; Proi.JJ
- ~ -. 41](ViewImageLocal?handle=hein.gao/gaobaadmb0001&div=1&collection=&method=preview&ext=.png&size=3)