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B-178885 1 (1973-11-23)

handle is hein.gao/gaobaadub0001 and id is 1 raw text is: 9 9 COMPTflOLLEIR GENERAL OF THE UNITED STATES WASFHINGTONDC.20543 B-178885 November 23, 1973 National Aviation Electronics, Inc. P.O. Box 222 Oak Creek, Wisconsin 53154 Gentlemen: We refer to your letter of September 24, 1973, and prior correspondence protesting against any award being made under Solicitation ?41608-73-R-G)159, Issued on April 12, 1973, by the Directorate of Procurement and Production, Kelly Air Force Base, Texas. The solicitation in question is for stven Airfield Lighting Test Sets, FSN 6625-600-9903, Type 1Q1, per Military Specification Hhl-T-26898. The instant procurement c.:ne about as a direct result of the Government's terinating for default National Aviation Electronics, Inc.'s (NAE) prior contract (No. F41608-72-C-6720) for these items. In view of this default NAE was not solicited for this reprocurement. N contends that it was arbitrarily and improperly precludtd from submitting an offer under the subject solicitation and that the specifications referenced therein are defective. Upon receipt of your initial letter dated June 8, 1973, we commenced to develop this matter as a routine bid protest. It was not until w.e received your letter of September 24 that we were made aware of the fact that you had appealed the default termination to the Armed Services Foard of Contract Appeals (ASBCA). We have been informally advised by the ASICA that your appeal, No. 18256, has been set for hearing on the merits fo.r December 12, 1973, in Milwaukee, #Wisconsin. In 3.171659, November 15 1971, copy enclosed, our Office recognized that where, as here, a procurement is for the account of the defaulted contractor the statutes governing procurementi by the Government are not applicable. As such, we cannot raise any question with regard to the situation *bout which NAE complains. 0r 1

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