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![handle is hein.gao/gaobacygp0001 and id is 1 raw text is:
WRO n LAccountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548
B-300222
March 28, 2003
The Honorable John McCain
United States Senate
Subject: Use of iscal Year 2003 Phnds for Boeing 737Aircraft Lease Payments
Dear Senator McCain:
This responds to your letter of October 28, 2002, concerning section 8147 of the
Department of Defense Appropriations Act for Fiscal Year 2003, Pub. L. No. 107-248,
116 Stat. 1519, 1572 (2002). Section 8147 provides that none of the funds
appropriated by the Department of Defense Appropriations Act for Fiscal Year 2003
may be used for leasing of transport/VIP aircraft under any contract entered into
under any procurement procedures other than pursuant to the Competition [in]
Contracting Act. You asked whether the Department of Defense, in light of section
8147, is authorized to use fiscal year 2003 funds to incur or liquidate obligations for
lease payments for Boeing 737 aircraft. For the reasons given below, we conclude
that section 8147 does not preclude the Department of Defense from using fiscal year
2003 funds to incur or liquidate obligations for lease payments for Boeing 737 aircraft
since DOD conducted the procurement under the provisions of the Competition In
Contracting Act of 1984 (CICA)', which by its own terms authorizes the use of
noncompetitive procedures.
BACKGROUND
Section 8159 of the Department of Defense (DOD) Appropriations Act for Fiscal Year
2002 provided as follows:
'Pub. L. No. 98-369, Div. B, tit. VII, §§ 2701-2753, 98 Stat. 1175 (1984) (among other
things, the Competition in Contracting Act amended Title 31 of the U.S. Code to give
the General Accounting Office bid protest authority and Title 10 of the U.S. Code with
regard to requirements for defense agency procurements).](ViewImageLocal?handle=hein.gao/gaobacygp0001&div=1&collection=&method=preview&ext=.png&size=3)