B-178324(2), AUG 1, 1973

B-178324(2): Aug 1, 1973

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IS MOOT SINCE THE SOLICITATION HAS BEEN CANCELLED TO S. INC.: REFERENCE IS MADE TO YOUR LETTER OF MARCH 30. WHILE WE HAVE DETERMINED THAT CLICK. IS CONTRACTING IN ITS OWN BEHALF RATHER THAN AS A PURCHASING AGENT OF THE EDA. OUR OFFICE IS THEREFORE WITHOUT JURISDICTION TO CONSIDER PROTESTS INVOLVING STATE AND LOCAL INSTRUMENTALITIES. WE NOTE THAT SUBSEQUENT TO YOUR PROTEST THE SUBJECT SOLICITATION WAS CANCELED AND READVERTISED. WE HAVE.

B-178324(2), AUG 1, 1973

PROTEST AGAINST THE AWARD OF A CONTRACT UNDER PROJECT NO. 01-1-00334, ISSUED BY THE COMMERCE LABOR INDUSTRY CORPORATION OF KINGS, INC., PURSUANT TO A GRANT FROM THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION, IS MOOT SINCE THE SOLICITATION HAS BEEN CANCELLED

TO S. PUMA COMPANY, INC.:

REFERENCE IS MADE TO YOUR LETTER OF MARCH 30, 1973, PROTESTING THE AWARD OF A CONTRACT TO ANY OTHER FIRM UNDER PROJECT NO. 01-1-00334, ISSUED BY THE COMMERCE LABOR INDUSTRY CORPORATION OF KINGS, INC. (CLICK) PURSUANT TO A GRANT FROM THE U.S. DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION (EDA).

WHILE WE HAVE DETERMINED THAT CLICK, A NON-PROFIT ORGANIZATION CONTROLLED AND SUPERVISED BY NEW YORK CITY, IS CONTRACTING IN ITS OWN BEHALF RATHER THAN AS A PURCHASING AGENT OF THE EDA, AND OUR OFFICE IS THEREFORE WITHOUT JURISDICTION TO CONSIDER PROTESTS INVOLVING STATE AND LOCAL INSTRUMENTALITIES, WE NOTE THAT SUBSEQUENT TO YOUR PROTEST THE SUBJECT SOLICITATION WAS CANCELED AND READVERTISED, THEREBY INVALIDATING THE BIDS OF THE TWO FIRMS AGAINST WHICH YOU PROTESTED.

WE HAVE, THEREFORE, CLOSED OUR FILE IN THE MATTER WITHOUT FURTHER ACTION.