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B-188404 1 (1978-05-31)

handle is hein.gao/gaobadtrj0001 and id is 1 raw text is: 

LE '                                                         1055
                  COMPTROLLER GENERAL OF THE UNITED STATES
                           WASHINGTON, D.C. 20548
1 ut~NrTfP

                                                        B-188404






          The Honorable

          The Secretary of Defense

          Dear Mr. Secretary:

               Further reference is made to our decision in the
          matter of Switlik Parachute Conpany,_Inc., B-188404,
          July 20, 1977, 77-2 CPD 38, in which we recoymmended
          that contract 1o. DSA100-77-C-176 with Lite Indus-
          tries, Inc. (Lite) be terminated for the convenience
          of the Government. Our decision found the invitation
          for bids (IFS), under which award to Lite was made,
          to be defective for not clearly stating whether the
          procurement was limited to Qualified Products List
 I         (QPL) items in accordance with the specifications or
          whether waiver of the QPL requirement was intended.
          By letter of September 7, 1977, the Defense Logistics
          Agency aqreed that the IFP was defective but declined
          to terminate the contract with Lite because of its
          belief that the nrocurement was urgent since failure
          to receive the garments in a timely fashion would
          seriously affect the Air Force's mission.

               By letter of Yovember 10, 1977, we indicated
          that any disagreement the Defense Logistics Agency
          may have had regarding our termination for convenience
          recommendation should have been handled by requesting
          reconsideration of. our decision shortly after our
          decision was issued. We also indicated our belief that
          the failure to promptly supply connectors to bite and
          the resultant delay in obtaining first article testing
          were inconsistent with the two urgency determinations
          (for awarding the contract while a protest was pending
          and for not terminating the contract as we had recom-
          mended) made by the Defense Logistics Agency. We also
          questioned the reasons given for continuing the contract
          with Lite rather than terminating as recomirmended and
          procuring from Kings Point, a proven QPL source for which





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