B-167803, JAN. 16, 1970

B-167803: Jan 16, 1970

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IN WHICH IT WAS CONCLUDED THAT THERE WAS NO BASIS TO TAKE ANY ACTION WITH RESPECT TO REJECTION OF PROPOSAL KNOWN AS "CYCLOPS" BY DOD. SINCE MATTER OF TECHNICAL EVALUATION IS BEYOND OUR TECHNICAL COMPETENCE AND JURISDICTION GAO MUST DEFER TO DOD'S DETERMINATION. RICHTER AND ASSOCIATES: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 29. IN WHICH WE ADVISED YOU THAT THERE WAS NO BASIS FOR OUR OFFICE TO TAKE ANY FURTHER ACTION WITH RESPECT TO YOUR PROTEST AGAINST REJECTION OF YOUR PROPOSAL KNOWN AS "CYCLOPS" BY THE DEPARTMENT OF DEFENSE (DOD). AS WE ADVISED YOU IN THE REFERENCED DECISION IT IS BOTH BEYOND OUR TECHNICAL COMPETENCE AND JURISDICTION TO EVALUATE YOUR PROPOSAL. THERE IS NO BASIS FOR OUR OFFICE TO TAKE ANY FURTHER ACTION.

B-167803, JAN. 16, 1970

BID PROTEST--TECHNICAL EVALUATION LETTER REAFFIRMING DECISION OF DECEMBER 22, 1969, IN WHICH IT WAS CONCLUDED THAT THERE WAS NO BASIS TO TAKE ANY ACTION WITH RESPECT TO REJECTION OF PROPOSAL KNOWN AS "CYCLOPS" BY DOD. SINCE MATTER OF TECHNICAL EVALUATION IS BEYOND OUR TECHNICAL COMPETENCE AND JURISDICTION GAO MUST DEFER TO DOD'S DETERMINATION.

TO THEODORE J. RICHTER AND ASSOCIATES:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 29, 1969, IN REPLY TO OUR DECISION OF DECEMBER 22, 1969, IN WHICH WE ADVISED YOU THAT THERE WAS NO BASIS FOR OUR OFFICE TO TAKE ANY FURTHER ACTION WITH RESPECT TO YOUR PROTEST AGAINST REJECTION OF YOUR PROPOSAL KNOWN AS "CYCLOPS" BY THE DEPARTMENT OF DEFENSE (DOD).

WHILE YOU OBVIOUSLY DISAGREE WITH DOD'S POSITION THAT YOUR PROPOSAL DOES NOT INVOLVE ANYTHING NEW OR UNIQUE, AS WE ADVISED YOU IN THE REFERENCED DECISION IT IS BOTH BEYOND OUR TECHNICAL COMPETENCE AND JURISDICTION TO EVALUATE YOUR PROPOSAL. THEREFORE, WE MUST DEFER TO DOD'S DECISION IN THIS RESPECT.

SINCE OUR EXAMINATION OF THE RECORD IN THIS MATTER INDICATES THAT YOUR PROPOSAL HAS RECEIVED ADEQUATE AND FAIR CONSIDERATION, THERE IS NO BASIS FOR OUR OFFICE TO TAKE ANY FURTHER ACTION.

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