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B-186072 1 (1979-10-31)

handle is hein.gao/gaobabjpk0001 and id is 1 raw text is: 






              COMPTROLLER GENERAL OF THE UNITED STATES
                       WASHINGTON, D.C. 201             7


                                                  B-186072





Eldon H. Crowell, Esq.
Crowell and Moring          L
1100 Connecticut Avenue, NW,
Washington, D.C. 20C36

Dear Mr. Crowell:

     In the analysis accompanying your letter to me of
September 19, 1979, and in our September 25 meeting, you have
taken excepticn to a recent report by GAO's Procurement and
Systems Acquisition Division to Congressman Thomas H. Luken
concerning theiWrocurement of depleted uranium penetratorsg
This report (PSAD-79-88, June 13, 1979) concluded that it        0,p
would be more economical for the Air Force to have the pene- AC4
trator work performed 4y a Government-owned, contractor-
operated (GOCO) facilty--the F eed   terials Prducton     3
Center /--rather than by the existing c6-nractors--Aero et-Geneal
Corporation and Ecneywell, Inc. This conclusion was based on a
comrpar s6n of the COCO plant awout-of-pocket costs for the,'I
penetrator production with the full costs incurred by the
existing contractors.

     Your primary objection is that the GAO report's out-of-pocket
cost analysis with respect to the GOCO facility violates OMB
Circular No. A-76 (Revised, March 29, 1979). Specifically you
maintain that the report in effect recommends a Onew start* of
a GOCO facility, and therefore requires, under the terms of
Circular A-76, a full cost analysis for the GOCO as well as the
existing contractors.

     Our Office of General Counsel considered this issue during
its review of the report and concluded that the recommendation
to use the Feed laterials Production Center for the penetrator
work did not come within the rather narrow range of GOCO matters
covered by the Circular, i.e., a new start* or expansion of a
GOCO facility was not involved. Since we regarded revised
Circular A-76 as being inapplicable, it was not discussed in the
report.



j/ The Center, located at Fernald, Ohio, is operated
by the National Lead Company of Ohio under the
aegis of the Department of Energy.

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