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B-238581 1 (1990-10-31)

handle is hein.gao/gaobablfx0001 and id is 1 raw text is: *Comptroller General of the United States Washington, D.C. 20548 DO NOT MAKE AVAIABLE TO: PUBLIC READING FOR 30 DAYS B-238581 October 31, 1990 The Honorable John P. Murtha Chairman, Subcommittee on Defense Committee on Appropriations House of Representatives Dear Mr. Chairman: By letter dated February 1, 1990, you asked for our opinion on whether the Air Force, before using $13.5 million to keep the B-lB's ALQ-161A core (Core) program operational, complied with the congressional notification requirement of section 9071 of the Department of Defense Appropriations Act for fiscal year 1990, Pub. L. No. 101-165, 103 Stat. 1112, 1145 (1989) (Appropriations Act). We have determined that the Air Force complied with section 9071. BACKGROUND In 1982, the Air Force awarded contracts to Eaton Corporation for the development and production of 100 units of the ALQ- 161A and related support equipment. Because of performance and production problems and design deficiencies, the Air Force is negotiating with Eaton a scaled-down version of that contract, i.e., the Core program.1/ According to the Air Force, it has periodically obligated limited amounts to fund operations for specific increments of time. The Air Force explained that the incremental funding of the contract allows it to continue to correct the ALQ-161A's design and hardware deficiencies, while providing the Congress an opportunity, before the Core program is fully funded, to review that program. The Air Force informs us that on November 1, 1989, it obligated $22 million to the contract to fund operations through January 31, 1990. Unless additional funds were forthcoming, the contract would terminate on January 31; paragraph 17(a) of the contract allows Eaton to refuse to continue performance once it incurs costs equal to the amount obligated on the contract. 1/ See GAO Report, Strategic Bombers: B-lB Program's Use of Expired Appropriations, GAO/NSIAD-89-209 (Sept. 5, 1989). f / - / 41 z 6/ 5 0

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