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B-195267.3 1 (1980-03-24)

handle is hein.gao/gaobabjfb0001 and id is 1 raw text is: 






GAO
United Sties General Acccunting OfficeOffice of
Washinitoa, DC 205,48                              IGneral Counsel
                                                   In Reply
                                                   Refer to: 13A 9 5 2 6 7.3

                               March 24, 1980

    The Honorable John Glen:)
    United States Senate   10   i'1to ;et ,L tu  piblo t ( f l  ,n m

    Dear Sonator Glenn:

         Reforence is made to your letter of March 3,
    1980, expressing your Interost in the protest filed
    by PowerTesting, Incorporated, which was the subject                     -h
    of our declsioii dated November 13, 1979, previously
    furnished to you.  In that dclicsioh we stated that
    we considered the issues raised by Power Testing to
    be academic because the Department of Transportation
    had canceled the protested solicitation.
         Power Testing had protested, among othor thIngs,
    that the Department of Pransport.atlon was procuring
    for the Vopair and maintenance of electrical substa-
    tions -on a, sole-source basis, An a result of Power
    Testing's protest, the Department of Transportation
    decided to cancel the protested solicitation and to
    reprocure for the required services on a competitive
    basis.  Despitet this corrective action on the part
    of the Department of Transportation, Power Tetting
    wanted our Office to decide whether the Department of
    Transportation should set aside all similar procure-
    ments for exclustve participation by small businesses
    and whether the Lepartmeni of Transportation used the
    correct size standard in the canceled solicitation.
    We declined to do so.

         It is our policy not to decide issues raised in
    a protest when thooe issues have'been rendered academic
    because the protested solicitation has been canceled
    by the agency.  Generally, we do not decide issuos
    merely because a protester desires to know whether
    the agency was right or wrong or because the protester


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