B-175181(2), JUN 12, 1972

B-175181(2): Jun 12, 1972

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

INC.: THIS IS IN REPLY TO YOUR LETTER OF MARCH 14. TO RESOLICIT BIDS FOR THE REQUIREMENTS ON THE BASIS OF A REVISED SOLICITATION WHICH WILL REQUIRE THE SUBMISSION OF DESCRIPTIVE LITERATURE FOR BID EVALUATION PURPOSES. IT IS STATED THAT IN THE ABSENCE OF A REQUIREMENT FOR DESCRIPTIVE LITERATURE THE ORIGINAL INVITATION DID NOT PROVIDE A PROPER BASIS FOR DETERMINING WHETHER EQUIPMENT PROPOSED BY THE BIDDERS WAS RESPONSIVE TO THE GOVERNMENT'S ACTUAL REQUIREMENTS. SINCE IT IS OUR UNDERSTANDING THAT YOU WILL BE GIVEN THE OPPORTUNITY TO COMPETE UPON RESOLICITATION. IS A COPY OF OUR LETTER OF TODAY TO THE CHAIRMAN. WHERE AN AWARD IS TO BE MADE UNDER A SOLICITATION.

B-175181(2), JUN 12, 1972

TO NATIONAL AVIATION ELECTRONICS, INC.:

THIS IS IN REPLY TO YOUR LETTER OF MARCH 14, 1972, PROTESTING THE AWARD OF A CONTRACT TO A HIGHER BIDDER UNDER INVITATION FOR BIDS NO. 71 58, ISSUED BY THE FEDERAL COMMUNICATIONS COMMISSION (FCC).

BY LETTER OF MAY 22, 1972, THE CONTRACTING OFFICER HAS ADVISED THIS OFFICE OF HIS INTENTION TO CANCEL THIS PROCUREMENT ACTION BY ENTERING INTO A NO-COST TERMINATION OF THE CONTRACT AWARDED TO AEROCOM, AND TO RESOLICIT BIDS FOR THE REQUIREMENTS ON THE BASIS OF A REVISED SOLICITATION WHICH WILL REQUIRE THE SUBMISSION OF DESCRIPTIVE LITERATURE FOR BID EVALUATION PURPOSES. IT IS STATED THAT IN THE ABSENCE OF A REQUIREMENT FOR DESCRIPTIVE LITERATURE THE ORIGINAL INVITATION DID NOT PROVIDE A PROPER BASIS FOR DETERMINING WHETHER EQUIPMENT PROPOSED BY THE BIDDERS WAS RESPONSIVE TO THE GOVERNMENT'S ACTUAL REQUIREMENTS.

UNDER THE CIRCUMSTANCES, WE SEE NO BASIS FOR OBJECTING TO THE PROPOSED ACTION, AND SINCE IT IS OUR UNDERSTANDING THAT YOU WILL BE GIVEN THE OPPORTUNITY TO COMPETE UPON RESOLICITATION, WE MUST CONSIDER YOUR PROTEST MOOT AND DECLINE TO RENDER A DECISION THEREON.

ENCLOSED, FOR YOUR INFORMATION, IS A COPY OF OUR LETTER OF TODAY TO THE CHAIRMAN, FCC, WHEREIN WE POINT OUT THAT, WHERE AN AWARD IS TO BE MADE UNDER A SOLICITATION, THE PROCUREMENT OFFICERS OF THE GOVERNMENT MUST ACCEPT AS CONCLUSIVE A DETERMINATION BY THE SMALL BUSINESS ADMINISTRATION REGARDING THE ADEQUACY OF A SMALL BUSINESS CONCERN'S CAPACITY AND CREDIT TO PERFORM THE CONTRACT.