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B-158766 1 (1986-01-31)

handle is hein.gao/gaobabkrf0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES 4 5 - WASI4IP4GOAI . * B-158766 January 31, 1986 The Honorable Thomas P. O'Neill, Jr. Speaker of the House of Representatives Dear Mr. Speaker: The Competition in Contracting Act of 1984 (CICA), 31 U.S.C.A. S 3554(e)(2) (West Supp. 1985), provides that the Comptroller General shall report to Congress each instance in which a federal agency did not fully implement a recom- mendation made by our Office in discharging our statutory bid protest function during the prior fiscal year. This report follows, along with a summary of our fiscal year (FY) 1985 bid protest activity, consisting of a narrative along with enclosed charts. Statutory Report In only two instances (5 percent of the CICA protests sustained) did agencies not strictly comply with our recom- mendations. Both cases were filed and decided shortly after the CICA bid protest provisions became effective. In Sabreliner Corp., 64 Comp. Gen. 325 (1985), 85-i CPD if 280, we considered a procurement for the repair and scheduled maintenance of a CT-39E aircraft. We sustained the protest because we concluded that award had been based on a nonresponsive bid, and we recommended that the Navy terminate the contract and make award to the protester. The Navy had not stopped work and, although the case was decided within 45 calendar days under the express option provision of CICA, 31 U.S.C.A. § 3554(a)(2), the Navy concluded that termination would not be in the government's best interest in view of the termination costs it would incur. (It should be noted, however, that Sabreliner subsequently filed a lawsuit to compel compliance with our decision and that the suit was settled by payment to Sabreliner of $125,000.)

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