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B-192354 1 (1978-11-29)

handle is hein.gao/gaobadgrt0001 and id is 1 raw text is: * ~ ~THE COMPTROLLER GENERA DECIS!DN OF THE UNITED STATES -WASHINGTON. 0. C. 20548 FLE: B-192354 DATE:November 29, 1978 MATTER OF: .. f Vialease Corporation DIGEST: 1. Protest against termination of contract is appropriate for review by GAO where there are no material facts in dispute and only question concerning propriety of termination is one of law. 2. Although assignment of Government contract may violate Anti-Assignment Act, Government can recognize assignee as successor in interest if in best interests of United States. 3. Contract A with FAA provided that it would run concurrently with contract B, also with FAA, and would expire upon expiration or termi- nation of contract B. Contract B was sub- sequently novated with FAA's approval. Since general legal effect of contract novation is extinguishment of contract and substitution of new one, resulting in discharge of trans- feror, FAA view that novation of contract B operated to cause expiration of contract A under cited provision was not improper. 4. Determination to set aside procurement under section 8(a) of Small Business Act is matter for contracting agency and SBA, not GAO. On July 2, 1976, the Federal Aviation Administration (FAA) awarded contract No. DOT- FA-NA-5218 to Vialease Corporation (Vialease) for the lease-of a parcel of land adjacent to the viaduct at Washington National Airport until.October 31, 1980. The land was to be used to conduct a rental car operation and provide a public parking facility. The rental car opera- tion was the subject of contract No. DOT-FA-NA-5145 between Vialease and the FAA, which was also to expire on October 31,.1930. (O0252's4 7T-kM1II,4Touj of Covv &f and 002524

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