About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-291805 1 (2003-03-26)

handle is hein.gao/gaobacygm0001 and id is 1 raw text is: I G A 0Comptroller General A- Accountability * Integrity * Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: EADS North America, Inc. File: B-291805 Date: March 26, 2003 Brian A. Bannon, Esq., and Wayne A. Keup, Esq., Blank Rome, for the protester. Rand L. Allen, Esq., Paul F. Khoury, Esq., Scott M. McCaleb, Esq., and David B. Walker, Esq., Wiley Rein & Fielding, for the Boeing Company, an intervenor. Gregory H. Petkoff, Esq., Department of the Air Force, for the agency. David A. Ashen, Esq., and John M. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Statutory provision precluding use of appropriated funds to lease aircraft under any contract entered into under any procurement procedures other than pursuant to the Competition in Contracting Act of 1984 (CICA) did not preclude agency from awarding a lease on a sole-source basis; although CICA generally mandates use of competitive procedures, 10 U.S.C. § 2304(a)(1)(A) (2000), it also specifically provides that other than competitive procedures may be used under certain limited circumstances, including where, as here, the agency determines that the agency's need can be met by only one responsible source. 10 U.S.C. § 2304(c)(1). DECISION EADS North America, Inc., on behalf of itself and its affiliate Airbus North America, Inc., protests the Department of the Air Force's actions under contract No. F33657-02-C-0017, for C-40 series special mission aircraft. EADS asserts that the Air Force is required by recent statutory changes to terminate its order for two C-40 aircraft already ordered under the contract and to compete that requirement, and also to compete any future orders for C-40 aircraft that obligate Fiscal Year 2003 funds. We dismiss the protest because EADS lacks the requisite interest to challenge the agency's actions. Section 8159 of the Department of Defense (DOD) Appropriations Act for Fiscal Year 2002 provided as follows:

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most