B-167922, SEP. 29, 1969

B-167922: Sep 29, 1969

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TO SPARTA ELECTRONIC CORPORATION: REFERENCE IS MADE TO YOUR LETTERS OF MAY 9 AND 23. YOU ALSO CLAIM THAT THE SPECIFICATIONS OF THE MERCURY "ON-OFF SWITCH" CONTAINED IN THE SCHEDULE AT PAGE 6 ARE UNDULY RESTRICTIVE. THE DEPARTMENT OF THE ARMY HAS ADVISED THAT FUNDS FOR THIS PROCUREMENT HAVE BEEN WITHDRAWN. THE REQUIREMENT WILL NOT BE RESOLICITED.

B-167922, SEP. 29, 1969

TO SPARTA ELECTRONIC CORPORATION:

REFERENCE IS MADE TO YOUR LETTERS OF MAY 9 AND 23, 1969, FORWARDED TO US BY THE DEPARTMENT OF THE ARMY, PROTESTING THE REJECTION OF YOUR LOW BID AS NONRESPONSIVE TO THE INVITATION FOR BIDS NO. DAAG08-69-B 1409, ISSUED BY THE SACRAMENTO ARMY DEPOT, SACRAMENTO, CALIFORNIA, FOR CERTAIN TRANSCRIPTION TURNTABLES. YOU ALSO CLAIM THAT THE SPECIFICATIONS OF THE MERCURY "ON-OFF SWITCH" CONTAINED IN THE SCHEDULE AT PAGE 6 ARE UNDULY RESTRICTIVE.

THE DEPARTMENT OF THE ARMY HAS ADVISED THAT FUNDS FOR THIS PROCUREMENT HAVE BEEN WITHDRAWN, AND THE REQUIREMENT WILL NOT BE RESOLICITED. IN VIEW OF SUCH ADVICE AND IN LIGHT OF ARMED SERVICES PROCUREMENT REGULATION 2- 404.1 (B) (VIII) PROVIDING FOR CANCELLATION WHEN CLEARLY IN THE BEST INTEREST OF THE GOVERNMENT, IT APPEARS THAT YOUR ARGUMENTS CONCERNING THE IMPROPER REJECTION OF YOUR BID DUE TO RESTRICTIVE SPECIFICATIONS NOW PRESENT A MOOT QUESTION, AND WE MUST DECLINE TO RENDER A DECISION.

IN THE EVENT THAT RESOLICITATION SHOULD BE MADE AT ANY TIME IN THE FUTURE ON THE SAME BASIS, PROTEST BEFORE AWARD MAY BE MADE TO THIS OFFICE IN ACCORDANCE WITH SECTION 20.1, TITLE 4, CODE OF FEDERAL REGULATIONS, AND WE SHALL BE GLAD TO GIVE THE MATTER OUR FURTHER IMMEDIATE ATTENTION.