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B-177781 1 (1973-05-29)

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         #41

                     COMPTROLLER GENERAL OF THE UNITED STATUS
                                WAS!|INGTOt, D.C. ZO543


         B-. 177781                                   May 29) 1973





         AIR HAIL

         Lockheed Propulsion Company
         1500 Crafton Avenue
         Redlands. California 92373
             Attention; Mr, G. Graham    hipple

                         President
         Gentlemenb

             Further reference is made to your telefax dated January 9,
         1973, and subsequent correspondence, protesting the partial
         termination by The Baeing Company of your purchase order R-816730-
         9556, under Boeing's Air Force contract F33(57-73.C-0006 for the
         production of the Short Range Attack Hissile system.

             Upon receipt thereof, we initially observed that the protest
         was filed In your capacity ad a subcontractor and was precipitated
         by a partial termination for cow'enien.c by your prime contractor,
         factors which ordinarily militate against the exercise of juris-
         diction by this Office. However, in order that we might make an
         informed judgment concerning our jurisdiction, we developed the
         protest under our established proccdurrs, pursuant to which we were
         provided a report by the Air Force. TI'row portions of the 'oport
         appropriate for release were made available to .'ll interested
         parties, all of whom ware extended an opportunity for comrtent
         thereon, and at Lockheed's request a czrference concerninig the
         protest was held on May 3, 1973.

            Pursuant to our review of the entire record, we continue to be
         of the opinion that our Office is not thn proper forum to consider
         the merits of your protest.

             The first jurisdictional limitation to our review of this protest
         it chat Lockheed is a subcontractor,  Since Boeing did not act in
         the instant case as a purchasing agent for the C, vornwent, #we do not







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