B-168268, JAN. 28, 1970

B-168268: Jan 28, 1970

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PROTESTANT AS CURRENT PRODUCER WHO PROTESTS FAILURE TO BE INCLUDED IN PROCUREMENT IS ADVISED THAT. REQUEST FOR SOLICITATION WAS CANCELED AND ALL CURRENTLY ACTIVE PRODUCERS. TO CHAMBERLAIN MANUFACTURING CORPORATION: FURTHER REFERENCE IS MADE TO YOUR TELEGRAMS OF OCTOBER 30 AND DECEMBER 19. 500 IN WHICH RATES OR PRICES ARE NOT FIXED BY LAW OR REGULATION AND IN WHICH TIME OF DELIVERY WILL PERMIT. YOU ASSERT THAT SINCE YOU ARE A CURRENT PRODUCER OF THE ITEM BEING PROCURED. HAVE THE CAPACITY TO PERFORM THE CONTRACT. WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE ARMY THAT. DAAA 09-70-Q-0040 WAS CANCELLED. IN VIEW OF SUCH ADMINISTRATIVE ACTION THE ISSUE PRESENTED BY YOUR PROTEST IS NOW ACADEMIC.

B-168268, JAN. 28, 1970

BID PROTEST--NEGOTIATED AWARD--CURRENT PRODUCER DECISION TO CHAMBERLAIN MANUFACTURING CORP. CONCERNING PROTEST OF NEGOTIATED AWARD TO NORRIS INDUSTRIES, INC; TO SUPPLY MOTOR PROJECTILES TO ARMY AMMUNITION AND PROCUREMENT SUPPLY AGENCY. PROTESTANT AS CURRENT PRODUCER WHO PROTESTS FAILURE TO BE INCLUDED IN PROCUREMENT IS ADVISED THAT, AFTER PROTEST, REQUEST FOR SOLICITATION WAS CANCELED AND ALL CURRENTLY ACTIVE PRODUCERS, INCLUDING PROTESTANT, WOULD BE SOLICITED.

TO CHAMBERLAIN MANUFACTURING CORPORATION:

FURTHER REFERENCE IS MADE TO YOUR TELEGRAMS OF OCTOBER 30 AND DECEMBER 19, 1969, AND YOUR LETTER OF NOVEMBER 4, 1969, PROTESTING AGAINST PROPOSED AWARD OF A CONTRACT TO NORRIS INDUSTRIES, INC; UNDER REQUEST FOR QUOTATIONS (RFQ) NO. DAAA 09-70-Q-0040, ISSUED BY THE ARMY AMMUNITION AND PROCUREMENT SUPPLY AGENCY, JOLIET, ILLINOIS, ON A SOLE SOURCE BASIS FOR THE SUPPLY OF A QUANTITY OF 81 MM MORTAR PROJECTILES.

IN YOUR LETTER OF NOVEMBER 4, 1969, YOU CONTENDED THAT THE SOLICITATION VIOLATES THE REQUIREMENT OF 10 U.S.C. 2304 (G) THAT:

"IN ALL NEGOTIATED PROCUREMENTS IN EXCESS OF $2,500 IN WHICH RATES OR PRICES ARE NOT FIXED BY LAW OR REGULATION AND IN WHICH TIME OF DELIVERY WILL PERMIT, PROPOSALS SHALL BE SOLICITED FROM THE MAXIMUM NUMBER OF QUALIFIED SOURCES CONSISTENT WITH THE NATURE AND REQUIREMENTS OF THE SUPPLIES OR SERVICES TO BE PROCURED * * *." YOU ASSERT THAT SINCE YOU ARE A CURRENT PRODUCER OF THE ITEM BEING PROCURED, AND HAVE THE CAPACITY TO PERFORM THE CONTRACT, YOU SHOULD BE PERMITTED TO PARTICIPATE IN THE PROCUREMENT.

WE HAVE BEEN ADVISED BY THE DEPARTMENT OF THE ARMY THAT, SUBSEQUENT TO THE RECEIPT OF YOUR PROTEST, RFQ NO. DAAA 09-70-Q-0040 WAS CANCELLED, AND THAT THE REQUIREMENT FOR THE PROJECTILES WOULD BE SATISFIED BY RFP NO. DAAA-09-70-R-0150, ISSUED ON DECEMBER 5, 1969, TO ALL CURRENTLY ACTIVE PRODUCERS, INCLUDING YOUR FIRM, WITHOPEN CAPACITY TO HANDLE AT LEAST A PORTION OF THE QUANTITY REQUIRED. IN VIEW OF SUCH ADMINISTRATIVE ACTION THE ISSUE PRESENTED BY YOUR PROTEST IS NOW ACADEMIC, AND WE ARE THEREFORE CLOSING OUR FILE IN THE MATTER.