B-174829(2), SEP 14, 1972

B-174829(2): Sep 14, 1972

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DOES NOT CONTROL WHERE THERE IS INVOLVED A MEMORANDUM OF UNDERSTANDING WITH CANADA WHEREUNDER SOLE SOURCE AWARDS TO CANADIAN FIRMS ARE CLEARLY CONTEMPLATED TO SATISFY THE MUTUAL DEFENSE DEVELOPMENT SHARING PROGRAM ESTABLISHED BY THAT INTERNATIONAL AGREEMENT. THERE IS INVOLVED A MEMORANDUM OF UNDERSTANDING WITH CANADA WHEREUNDER SOLE SOURCE AWARDS TO CANADIAN FIRMS ARE CLEARLY CONTEMPLATED TO SATISFY THE MUTUAL DEFENSE DEVELOPMENT SHARING PROGRAM ESTABLISHED BY THAT INTERNATIONAL AGREEMENT. ENCLOSED IS A COPY OF OUR DECISION OF TODAY WHEREIN WE DENY THE PROTEST.

B-174829(2), SEP 14, 1972

BID PROTEST - SOLE-SOURCE CONTRACTS - COUNTRY-TO-COUNTRY MUTUAL DEFENSE ARRANGEMENT LETTER REGARDING THE PROTEST OF THE MAGNAVOX COMPANY AGAINST AWARD OF A RESEARCH AND DEVELOPMENT CONTRACT BY THE DEPARTMENT OF THE ARMY TO THE CANADIAN COMMERCIAL CORPORATION ON A "SOLE-SOURCE" BASIS. THE DECISION OF JUNE 16, 1972, B-174725, DOES NOT CONTROL WHERE THERE IS INVOLVED A MEMORANDUM OF UNDERSTANDING WITH CANADA WHEREUNDER SOLE SOURCE AWARDS TO CANADIAN FIRMS ARE CLEARLY CONTEMPLATED TO SATISFY THE MUTUAL DEFENSE DEVELOPMENT SHARING PROGRAM ESTABLISHED BY THAT INTERNATIONAL AGREEMENT.

TO SULLIVAN, BEAUREGARD, MEYERS & CLARKSON:

WE REFER TO YOUR LETTER DATED JULY 18, 1972, AND PRIOR CORRESPONDENCE, RELATIVE TO THE PROTEST OF THE MAGNAVOX COMPANY AGAINST THE PROPOSED SOLE- SOURCE AWARD OF A RESEARCH AND DEVELOPMENT CONTRACT TO THE CANADIAN COMMERCIAL CORPORATION FOR THE BAND IV VARIABLE HEAD OF THE AN/GRC-103(V) RADIO RELAY SET BY THE UNITED STATES ARMY ELECTRONICS COMMAND, PHILADELPHIA, PENNSYLVANIA.

IN YOUR LETTER OF JULY 18, 1972, YOU CITE OUR DECISION, B-174725, JUNE 16, 1972, AS PROVIDING AN A FORTIORI BASIS TO FIND THE INSTANT PROCUREMENT INVALID. WE BELIEVE THAT DECISION INAPPLICABLE TO THE FACTS OF THIS CASE, WHERE, UNLIKE THE JUNE 16 DECISION, THERE IS INVOLVED A MEMORANDUM OF UNDERSTANDING WITH CANADA WHEREUNDER SOLE SOURCE AWARDS TO CANADIAN FIRMS ARE CLEARLY CONTEMPLATED TO SATISFY THE MUTUAL DEFENSE DEVELOPMENT SHARING PROGRAM ESTABLISHED BY THAT INTERNATIONAL AGREEMENT.

ENCLOSED IS A COPY OF OUR DECISION OF TODAY WHEREIN WE DENY THE PROTEST.