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B-178773(1) 1 (1973-12-06)

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COMPTflOLL.-fl GKtNERAL. O THlE UNIThO ST'ATE


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December 6, 1973


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      Thin to in reply to your tolefax message of Hay 30, 1973, and
 subaequunt correspondence, protesting the award of a contract to
..rSptems,Incorporatad, by the Departwant of SheAx.-Eoce under
request   or propobala (RFP) No, F34601-73-R-7150, issued by the
Oklahoma City Air Materiel Area# Tinker Air Forco Base, Oklahoaa,

      Your protect is grounded on the Air Force's falure to include
 In the volicltntion and resulting contract provionons applying the
 Service Contract Act of 1965 to this procurement. You assert that
 the Air Foiven, by not including such provioions, did not comply
 with the requirements of that Act and that the contract cnwrded to
 H-Systen r is therefore illegal. The Air Force, on the other hand,
 denies that it violated the Service Contract Act in the handling oC
 this procurerent, a position in which it in supportod by counsel for
 E-Syutems The Dopartment of Labor (DOL), whose views we oolicited
 in connection with this matter, agrees with you and urges us to
 uphold your protest.  For the reasons  et forth belovs we arc of the
 opinion that the protest must be denied.


     Initially, we muset conoider the ansertionid of thi,. A.r Force and
E-Systerna that the protest was untimely filed. The record shows
that the aolicitation, culling for offeco to provide al.rcraft modi-
fication and prorma'd depot maintenance worl, for the\Special Air
zaoaion (SAN.) fleet baced at Arndrewn Air Force Base, Wa; issud on
December 15, 1972.  The RI' contained the standard Wels'-Iiaaley
Public Contractv Act provision, but contained no provicion regarding
the Senrvice Contract Act. Pro-,odls ivere submitted by Lockheed
(which, according to the Air Forca, had been the solo-source and cnly
contractor for the SA!! fleet 'sintonanca requiremmnts for more than
20 yearn prior to 1973), 1-Systems, and other otferors, and after a
period of negotiation nd evaluation, a contract was awarded to
1.-Syster. on )lay 11, 1973. By lotter dared May 18, 1973, which you


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     Lockheed Arcraft Service Company
     Ontario Internationni Airport
C Post Office Box 33
C Ontario, California 91761

   'IN Attentioi: Hr,. M. , Greene
                      Vice President


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