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B-194445.4 1 (1981-03-27)

handle is hein.gao/gaobadjgj0001 and id is 1 raw text is: 





              COMPTROLLER GENERAL OF THE UNITED STATES
                       WASHINGTON. D.C. 20548


B-194445.4                                     March 27, 1981




The Honorable Louis F. Oberdorfer
United States District Judge
The United States District Court
  for the District of Columbia

Dear Judge Oberdorfer:

     We refer to your order issued August 15, 1980 direct-
ing the Deparment of the Navy to request our further
opinion in connection with Aero Corporation v. Department
of the Navy and to your order of February 26, 1981. Your
later order, recognizing that some issues raised areo t
yet ripe for review, seeks our opinion on those issus
which are amenable to being decided and asks that we
advise the court as to when a decision regarding the
remaining issues might be expected.

     The questions asked are ripe for review insofar as they
relate to the EC-130G/Q TACAMO aircraft.   No determination
has yet been made by the Navy concerning SLEP for the
remaining KC-130F and C-130 aircraft, since its review of
the work required to perform SLEP on them is incomplete.
A decision regarding those aircraft would be premature.
We are addressing the questions submitted regarding the
TACAMO aircraft on an expedited basis. We regret that it
was not possible to meet your March 20 target date.

     Question 1-B of your February 1981 order raises the
following question:

     If there is no rational basis for the sole-
     source award of some aircraft that have already
     been awarded to Lockheed, is it legally and
     practically feasible for the Navy to terminate
     that contract with Lockheed for those aircraft?

The enclosed decision addresses this question with respect
to the KC-130F option quantity. On the record before us
there is no legal or practical impediment to contract termi-
nation for aircraft awarded arbitrarily on a sole source
basis.

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