B-185862, APR 22, 1976

B-185862, APR 22, 1976

SINCE SOLICITATION HAS BEEN CANCELED BECAUSE OF CHANGE IN SCOPE OF WORK AND BECAUSE REQUIREMENT CAN BE FULFILLED BY AGENCY PERSONNEL, PROTEST AGAINST AWARD PENDING RESOLUTION OF PROTEST ON DIFFERENT SOLICITATION IS MOOT AND WILL NOT BE CONSIDERED.

THE MARQUARDT COMPANY:

ON FEBRUARY 5, 1976, THE MARQUARDT COMPANY (MARQUARDT) FILED A PROTEST CONCERNING SOLICITATION NO. DAAG49-76-R-0024, ISSUED BY TOOELE ARMY DEPOT, TOOELE, UTAH, FOR TRAINING REQUIREMENTS IN CONNECTION WITH THE CHEMICAL AGENT MUNITION DISPOSAL SYSTEM (CAMDS). IT IS MARQUARDT'S POSITION THAT NO AWARD SHOULD BE MADE UNDER THE SUBJECT SOLICITATION NOR SHOULD THIS REQUIREMENT BE ADDED TO THE WORK SCOPE OF ANY EXISTING CONTRACTS UNTIL ITS PENDING PROTEST (B-185061) AGAINST THE AWARD OF A CONTRACT TO DAY & ZIMMERMAN, INC., UNDER RFP DAAG49-75-R-0050 FOR TECHNICAL DOCUMENTATION RELATING TO CAMDS IS RESOLVED. IN THIS CONNECTION, MARQUARDT ARGUES THAT SINCE THE FIRM PERFORMING THE CONTRACT FOR TECHNICAL DOCUMENTATION HAS ACCESS TO CAMDS DATA, APPARENTLY UNAVAILABLE TO OTHER OFFERORS, THAT FIRM HAS AN ADVANTAGE OVER OTHER COMPETITORS FOR THE AWARD OF THE TRAINING CONTRACT.

WE ARE INFORMED BY THE AGENCY THAT ON MARCH 25, 1976, SOLICITATION NO. DAAG49-76-R-0024 WAS CANCELED BECAUSE (1) THE SCOPE OF WORK HAD CHANGED BECAUSE DURING THE DELAY CAUSED BY THE FILING OF THE SUBJECT PROTEST AGENCY PERSONNEL HAD PERFORMED SOME OF THE TASKS REQUIRED BY THE SOLICITATION AND (2) A REALIGNMENT OF TOOELE ARMY DEPOT'S ORGANIZATION MADE SUFFICIENT AGENCY PERSONNEL AVAILABLE TO ACCOMPLISH ALL THE TRAINING WITHOUT COMMERCIAL ASSISTANCE.

SINCE NO CONTRACT WILL BE AWARDED FOR THE SUBJECT REQUIREMENT MARQUARDT'S PROTEST IS MOOT AND WILL NOT BE CONSIDERED.