B-173740(2), NOV 17, 1971

B-173740(2): Nov 17, 1971

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SECRETARY: ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO ELECTRONIC SYSTEMS AND PROGRAMMING. THIS MATTER WAS THE SUBJECT OF A REPORT DATED SEPTEMBER 21. THERE IS NOTHING IN THE RECORD TO SHOW THAT THE CONTRACTING OFFICER COMPLIED WITH THE PROVISIONS OF ASPR 2-404.3. SINCE IT IS OUR OPINION THAT OBSERVANCE OF THE FOREGOING REQUIREMENTS OF ASPR WOULD TEND TO DISCOURAGE PROTESTS OF THIS NATURE.

B-173740(2), NOV 17, 1971

TO MR. SECRETARY:

ENCLOSED IS A COPY OF OUR DECISION OF TODAY TO ELECTRONIC SYSTEMS AND PROGRAMMING, INC., DENYING ITS PROTEST. THIS MATTER WAS THE SUBJECT OF A REPORT DATED SEPTEMBER 21, 1971, FROM THE NAVAL SUPPLY SYSTEMS COMMAND.

AS WE INDICATED IN THE DECISION, THERE IS NOTHING IN THE RECORD TO SHOW THAT THE CONTRACTING OFFICER COMPLIED WITH THE PROVISIONS OF ASPR 2-404.3, WHICH REQUIRES THAT BIDDERS BE FURNISHED THE REASON FOR CANCELLATION. OUR LETTER TO YOU OF JULY 23, 1970, IN OUR FILE B 169977, WE HAD OCCASION TO ADVISE OF A SIMILAR FAILURE TO NOTIFY BIDDERS OF THE SPECIFIC REASONS FOR A CANCELLATION. WE MUST AGAIN REQUEST THAT YOU TAKE APPROPRIATE ACTION TO PREVENT RECURRENCE OF THIS SITUATION. SINCE IT IS OUR OPINION THAT OBSERVANCE OF THE FOREGOING REQUIREMENTS OF ASPR WOULD TEND TO DISCOURAGE PROTESTS OF THIS NATURE, WE WOULD APPRECIATE BEING ADVISED OF YOUR ACTION.