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B-179184 1 (1973-11-29)

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B-179184


COMPTROLLER GENERAL OF THE UNITED STATEH6i
           WASIIINGTOti, f.C. 20545



                    Plovenbeor 29, 1973


02


AIR NAILM


General Dyntmics Corporation
Electronics DIvisitn
Post Office Pox 2566
Orlcasdu, Florida  22802


Atteitons


Hr, L. F, Channave
Director of Coutracts


Contlemne-

     We refer to your telefan messaae dated Ceptembcr 6, 1973, and
aubvequent corrospondence, protesting ogainst te asurd of a con-
tract to AEL-MrTCH Corporation under request for proposals (Ir)
No. 10O9-73.fRO-L87 (UP -0187), issued by the Naval ,.ir Systems
Conmiutid (NAVAZI;), Wavhington, D.C,

     Your basic contention is that the contractiug officer arbi-
trarily and capricious)l excluded your Cirn fropi consideration
for award, Additio-nlly, you allege that the procuring agency
improperly rade te:afr to AEL-EIIIECH after roceipt of your protest,

     The above-referulrod solicitation was issucd on June 27, 1973,
for the supply of AN/A-,U-75 radio recelvers and related supplies
and services, .tncludi.1 technical data. Part III, Section L of the
RFP provided that any  osulting contract would contain the clau-se
Technical Data--,ithholding of Payment (1972 APR) which as sot
forth in Armed Serviceb Procurement flogul~tion (ASPR) 7-104.9(h)
otatess
     (a)  If 'Technical Data' (as defined in the clause
     6f this contract eniitled 'Rights in Tecnical Data'),
     or any part thorboi, spocified to be delivered under
     this contract, is not delivered within the time
     specified by this contract or Ia deficient upon de-
     livery (including having restrictive markings not
     specifically authorized by this contract), the Ccn-
     tracting Officur r -y until. such data is accepted by

                                                   PWLII.wD DECISIO.


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