B-173244(2), AUG 10, 1972

B-173244(2): Aug 10, 1972

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WILL NOT OBJECT TO A TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT INSTEAD IN VIEW OF THE CIRCUMSTANCES. SECRETARY: REFERENCE IS MADE TO THE LETTERS OF MARCH 23 AND JUNE 21. A COPY OF OUR DECISION OF TODAY ON RECONSIDERATION IS ENCLOSED. WE HAVE ALSO BEEN REQUESTED TO ADVISE WHETHER FISCAL YEAR 1971 FUNDS MAY BE USED FOR A SUBSEQUENT REPROCUREMENT OF THE PLANT GROWTH CHAMBER THAT WAS THE SUBJECT OF THE AWARDED CONTRACT. IF THE AWARD IS CANCELLED THE FUNDS ORIGINALLY CONTEMPLATED FOR USE IN THE PROCUREMENT WOULD NOT HAVE BEEN VALIDLY OBLIGATED BY THE END OF THE 1971 FISCAL YEAR AND WOULD NOT BE AVAILABLE FOR REPROCUREMENT IN A SUBSEQUENT YEAR. 38 COMP. WE HAVE BEEN ADVISED THAT THE CHAMBER IS URGENTLY REQUIRED AND THAT THERE ARE NO CURRENT FUNDS AVAILABLE.

B-173244(2), AUG 10, 1972

CONTRACT - CANCELLATION OR TERMINATION DECISION THAT ALTHOUGH GAO HAD PREVIOUSLY RECOMMENDED THAT THE CONTRACT AWARDED SCIENTIFIC SYSTEMS CORPORATION BY THE DEPARTMENT OF AGRICULTURE BE CANCELLED (B-173244, FEBRUARY 22, 1972 (51 COMP. GEN. )), THE COMP. GEN. WILL NOT OBJECT TO A TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT INSTEAD IN VIEW OF THE CIRCUMSTANCES.

TO MR. SECRETARY:

REFERENCE IS MADE TO THE LETTERS OF MARCH 23 AND JUNE 21, 1972, FROM THE DIRECTOR, OFFICE OF PLANT AND OPERATIONS, REGARDING OUR DECISION, B 173244, FEBRUARY 22, 1972 (51 COMP. GEN. ) IN WHICH WE RECOMMENDED CANCELLATION OF AN AWARD MADE TO SCIENTIFIC SYSTEMS CORPORATION.

THE MARCH 23 LETTER FORWARDED A REQUEST FROM SCIENTIFIC SYSTEMS CORPORATION THAT WE RECONSIDER THAT DECISION. A COPY OF OUR DECISION OF TODAY ON RECONSIDERATION IS ENCLOSED.

WE HAVE ALSO BEEN REQUESTED TO ADVISE WHETHER FISCAL YEAR 1971 FUNDS MAY BE USED FOR A SUBSEQUENT REPROCUREMENT OF THE PLANT GROWTH CHAMBER THAT WAS THE SUBJECT OF THE AWARDED CONTRACT. IF THE AWARD IS CANCELLED THE FUNDS ORIGINALLY CONTEMPLATED FOR USE IN THE PROCUREMENT WOULD NOT HAVE BEEN VALIDLY OBLIGATED BY THE END OF THE 1971 FISCAL YEAR AND WOULD NOT BE AVAILABLE FOR REPROCUREMENT IN A SUBSEQUENT YEAR. 38 COMP. GEN. 190 (1958). HOWEVER, WE HAVE BEEN ADVISED THAT THE CHAMBER IS URGENTLY REQUIRED AND THAT THERE ARE NO CURRENT FUNDS AVAILABLE. UNDER SUCH CIRCUMSTANCES, WE DO NOT BELIEVE THAT A CANCELLATION IN THIS INSTANCE WOULD SERVE THE BEST INTERESTS OF THE GOVERNMENT. IN VIEW THEREOF, AND SINCE NO WORK HAS BEEN PERFORMED UNDER THE CONTRACT, WE WOULD NOT OBJECT TO A TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT.