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B-158766 1 (1999-01-29)

handle is hein.gao/gaobadxgl0001 and id is 1 raw text is: 96EU R Comptroller General of the United States s Washington, D.C. 20548 B-158766 January 29, 1999 The Honorable J. Dennis Hastert Speaker of the House of Representatives Dear Mr. Speaker: This letter responds to the requirements of the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e) (Supp. II 1996), that the Comptroller General report to the Congress each instance in which a federal agency did not fully implement a recommendation made by our Office in connection with a bid protest decided the prior fiscal year. There was one such occurrence during fiscal year 1998. In Pemco Aeroplex, Inc., B-280397, Sept. 25, 1998, 98-2 CPD 79, we considered a challenge to an Air Force solicitation that bundled together into one procurement a significant portion of the workload currently performed by the Sacramento Air Logistics Center, which the Base Realignment and Closure Commission recommended be closed by July 2001. We sustained the protest because we concluded that the Air Force had failed to show that combining this workload into a single solicitation was reasonably required to satisfy the agency's needs. We recommended that the Air Force cancel the solicitation and resolicit its requirements without bundling these wo rklo ads. The Air Force decided to proceed with contract award under the solicitation despite our decision. The Undersecretary of Defense for Acquisition and Technology has advised the Congress that the Air Force decision was driven by a conclusion that implementation of our decision's recommendations would harm Air Force readiness. In an argument that had been considered and rejected by our Office as insufficient, the Air Force stated that the risk to readiness of unbundling the KC-135 portion of the Sacramento workload was unacceptable. In response to the Air Force refusal to follow the recommendation in our decision, Pemco Aeroplex filed a lawsuit in the United States District Court, Northern District of Alabama. That lawsuit, Pemco Aeroplex, Inc. v. Cohen (Civ. Action No. CV-98-J- 2584-S), seeks a ruling that the Air Force solicitation, and subsequent action, are improper. The case is pending before the court.

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