B-143450, OCT. 20, 1960

B-143450, OCT. 20, 1960

TO MACHINERY ASSOCIATES, INC.:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 6, 1960, REQUESTING RECONSIDERATION OF OUR DECISION OF SEPTEMBER 30, 1960, REGARDING YOUR PROTEST AGAINST THE AWARD OF A CONTRACT TO DELAWARE VALLEY MACHINERY, INC., FOR THE FURNISHING OF LATHES UNDER INVITATION NO. ORD-18-001-60 199 ISSUED BY ABERDEEN PROVING GROUND, MARYLAND.

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

THERE IS NO DOUBT THAT IT WOULD HAVE BEEN ADVISABLE AT THE TIME OF OUR DECISION TO READVERTISE ON THE BASIS OF NEW AND REVISED SPECIFICATIONS. HOWEVER, IN VIEW OF THE FACT THAT WORK UNDER THE CONTRACT WITH DELAWARE--- AND THIS WOULD APPLY TO YOUR CONTRACT--- WAS WELL UNDERWAY, IT WOULD NOT HAVE BEEN PRACTICABLE TO REQUIRE THAT THE AWARD BE CANCELED.