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B-193630 1 (1979-01-11)

handle is hein.gao/gaobadgum0001 and id is 1 raw text is: FILE: B-193630 p/-c. ~o~*47 DATE: January 11, 1979 MATTER OF: Onan Corporation DIGEST: Contracting agency's modification of existing contract pursuant to the Changes Clause alleg- gedly caused by contractor's lack of responsi- bility'and its attempt to buy into the contract provides no basis for GAO to review propriety of award. C46- 003?~e Onan Corporation requests that our Office direct the cancellation of contract No. DSA-400-76-C-5318 for diesel engine driven generator sets between the Defense Logistics A-enc, (DLA) and Bogue Electric Manufacturin ComEanE. Onan argues that because of the inability of the contractor, a change order was issued which deleted the Onan engines and related parts required under the contract. The protester states that the Government now intends to procure these materials directly from Onan. It believes that the Government knew or should have known of the need for this change at the time of award and there- fore the contract was improperly awarded to Bogue. Onan requests that Bogue's contract be canceled so that all bidders will be given the opportunity to bid on the procurement as changed. We are not persuaded that sufficient reason exists for this Office to review the protest. Onan does not assert that the agency actually made award while intending to make a substantial change in the contract. Rather, Onan argues essentially that the need for the subsequent change stems from the con- tractor's lack of responsibility and its attempt to buy into the contract. In effect, Onan does not agree with DLA's preaward determination of responsibility. This Office, however, no longer THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES a WASHINGTON, 0.C. 20548

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