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B-211406.2 1 (1984-06-19)

handle is hein.gao/gaobadlte0001 and id is 1 raw text is: 


                             THE COMPTROLLER GENERAL
    DECISION       -         OP THE UNITED        STATES
                             WASHINGTON. 0.C. 20548
                      UNITh


    FILE:    B-211406.2            DATE: June 19, 1984

    MATTER OF:     Martin Electronics, Inc.--Reconsideration


    DIGEST:

    GAO recommends, based on new information showing
    that contract performance is continuing beyond
    anticipated completion date in record in original
    protest, that agency consider feasibility of ter-
    mination of sole-source contract and expedited
    recompetition given our prior sustaining of the
    protest.

    Martin Electronics, Inc. (Martin), has filed a request
for reconsideration of our decision in Martin Electronics,
Inc., B-211406, April 24, 1984, 84-1 CPD 465, in which we
sustained a protest by Martin against a sole-source contract
awarded to another manufacturer by the Army. We did not
recommend corrective action in our prior decision because
the contract was to be completed in February 1984.

     With its request for reconsideration, Martin has filed
a copy of information obtained from the Army under the
Freedom of Information Act which shows that performance of
the contract is substantially behind schedule (only 285,725
of the 845,250 required units had been delivered to the Army
as of May 8, 1984). In view of this new information, we now
recommend that the Army consider the feasibility of termina-
tion of the present contract. If termination is feasible,
we recommend that the Army recompete the remaining require-
ment and terminate the contract should another company be
successful and submit a lower price for the remaining
requirement than that found in the present contract.

     The prior decision is modified accordingly.




                         V    Comptroller General
                              of the United States

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