About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


B-169300 1 (1971-04-23)

handle is hein.gao/gaobaafhl0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 / B-!1693o APR 23 1971 LMrj95571 Dear Senator Brooke: This is in response to your referral dated March 4, 1971, vith enclosure, requesting our findings and views concerning a comment from Mr. Ronald Cohen of Cambridge, Massachusetts. On the basis of an article published in The New Republic, Mro Cohen urged you to do everything in your power to see that the General Acco~ut i.gc0;fe fulfills its responsibilities concerning the Lockhed Aircraft Cor- t he toiitracithr-fit ie' i Force to produce C-5A aircraft. The article stated that the General Accounting Office had ac- quiesced to a plan proposed by the Department of Defense to absolve Lockheed of much of its contractual liability for cost overruns on the C-5A aircraft and other procurements. The article also indicated that the Department of Defense contemplated the use of Public Law 85-804 which provides authority to enter into contracts or to make amendments without regard to other provisions of law relating to the making, performance, amendment, or modification of contracts whenever such action would facilitate the national defense. The article ques- tioned the use of this law for Lockheed and stated that the legisla- tive history of Public Law 85-804 indicated that it had been written to aid small defense contractors. The article also implied that the investigative efforts of the General Accounting Office were being directed and controlled either by the Department of Defense or by the Chairmen of the Committees on Armed Services and Appropriations. Consequently, the Office was not fulfilling its responsibility of remaining independent of the execu- tive departments and investigating all matters relating to the receipt, disbursement, and application of public funds. Concerning the question of whether Public Law 85-804 is the proper vehicle for resolving Lockheed's problems on the C-5A aircraft contract with the Air Force, we have reviewed the legislative history of Public Law 85-804 and have concluded that the proposed action is not precluded by the law and is within the intent of the legislative history. The floor debates of the law seem to answer in the negative the question of whether the act should be limited to small claims. During 50 TH ANNIVERSARY 1921 - 1971