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B-195267 1 (1980-02-11)

handle is hein.gao/gaobabjrj0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply B-195267 Refer to: February 11, 1980 The Honorable Howard M. Metzenbaum United States Senate Dear Senator Metzenbaum: Reference is made to your interest in the protest filed by Power Testing, Incorporated, which was the subject of our decision dated November 13, 1979, pre- viously furnished to you, in which we stated that we considered the issues raisd by Power Testing to be academic because the Department of Transportation had canceled the protested solicitation. Power Testing had protested, among other things, that the Department of Transportation was procuring for the repair and maintenance of electrical substa- tions on a sole-source basis. As 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. Despite this corrective action on the part of the Department of Transportation, Power Testing wants our Office to decide whether the Department of Transportation should set aside all similar procure- ments for exclusive participation by small businesses and whether the Department of Transportation used the correct size standard in the canceled solicitation. It is the General Accounting Office's policy not to decide issues raised in a protest when those issues have been rendered academic because the protested solici- tation has been canceled by the agency. Generally, we do not decide issues merely because a protester desires -to, know whether the agency was right or wrong or because the protester wishes us to issue guidelines for use in similar procurements in the future. Under our Bid Protest Procedures, 4 C.F.R. part 20 (1979), a party must be interested in order ror the protest to be considered. This requirement serves to ensure the party's diligent participation in the protest process L c a LA/ r, D D

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