B-173597(2), DEC 1, 1971

B-173597(2): Dec 1, 1971

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KUNZIG: REFERENCE IS MADE TO THE LETTERS OF AUGUST 23. ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST. WE HAVE CITED 45 COMP. WHICH EXPRESSES THE VIEW THAT AN ORAL SOLICITATION SHOULD NOT BE PERMITTED SOLELY BECAUSE THE PROCUREMENT IS CONDUCTED PURSUANT TO THE PUBLIC EXIGENCY EXCEPTION.

B-173597(2), DEC 1, 1971

TO MR. ROBERT L. KUNZIG:

REFERENCE IS MADE TO THE LETTERS OF AUGUST 23, 1971, AND OCTOBER 21, 1971, FROM THE OFFICE OF COUNSEL, GENERAL SERVICES ADMINISTRATION (GSA) CONCERNING THE PROTEST FROM SPECTRAL DYNAMICS CORPORATION AGAINST THE AWARD OF A CONTRACT TO ANOTHER CONCERN UNDER REQUEST FOR PROPOSALS NO. 9PN -MIPR-B00012-71/C4NEG, ISSUED BY THE PROCUREMENT DIVISIONS, GSA, SAN FRANCISCO, CALIFORNIA. ENCLOSED IS A COPY OF OUR DECISION OF TODAY DENYING THE PROTEST.

IN THE ENCLOSED DECISION, WE HAVE CITED 45 COMP. GEN. 374 (1966), WHICH EXPRESSES THE VIEW THAT AN ORAL SOLICITATION SHOULD NOT BE PERMITTED SOLELY BECAUSE THE PROCUREMENT IS CONDUCTED PURSUANT TO THE PUBLIC EXIGENCY EXCEPTION. A PROVISION IN ARMED SERVICES PROCUREMENT REGULATION (ASPR) 3-501(D) PROVIDES CRITERIA AS TO THE CIRCUMSTANCES WHICH JUSTIFY A PROCUREMENT UNDER AN ORAL SOLICITATION. THE FPR AT PRESENT DOES NOT CONTAIN COMPARABLE CRITERIA. WE SUGGEST THAT CONSIDERATION BE GIVEN TO AMENDING FPR TO CONFORM TO ASPR IN THIS REGARD.