B-213437, JAN 9, 1984
Highlights
DIGEST: ALLEGATION CONCERNING PROPRIETY OF USE OF FEDERAL STANDARD SPECIFICATION IN THE FUTURE IS DISMISSED AS PREMATURE. ON THE GROUND THAT THESE SPECIFICATIONS FOR FOUR AND SIX CYLINDER AUTOMOBILE ENGINES WILL PRECLUDE NISSAN FROM BIDDING ON GOVERNMENT CONTRACTS IN THE FUTURE. OUR BID PROTEST PROCEDURES ARE RESERVED FOR CONSIDERATION OF THE PROPRIETY OF THE AWARD OR PROPOSED AWARD OF A GOVERNMENT CONTRACT. THE ARGUMENT IS PREMATURE SINCE THERE IS NO AWARD OR PROPOSED AWARD AT ISSUE. THE PROTEST WILL NOT BE CONSIDERED ON THE MERITS. THE PROTEST IS DISMISSED.
B-213437, JAN 9, 1984
DIGEST: ALLEGATION CONCERNING PROPRIETY OF USE OF FEDERAL STANDARD SPECIFICATION IN THE FUTURE IS DISMISSED AS PREMATURE.
NISSAN MOTOR CORPORATION IN U.S.A.:
NISSAN MOTOR CORPORATION IN U.S.A. PROTESTS FEDERAL STANDARD 307K, ITEMS 60 AND 80, ON THE GROUND THAT THESE SPECIFICATIONS FOR FOUR AND SIX CYLINDER AUTOMOBILE ENGINES WILL PRECLUDE NISSAN FROM BIDDING ON GOVERNMENT CONTRACTS IN THE FUTURE.
OUR BID PROTEST PROCEDURES ARE RESERVED FOR CONSIDERATION OF THE PROPRIETY OF THE AWARD OR PROPOSED AWARD OF A GOVERNMENT CONTRACT. C.F.R. SEC. 21.1 (1983). THE GENERAL SERVICES ADMINISTRATION REPORTS THAT TO ITS KNOWLEDGE, THE PROTEST CONCERNS THE REQUIREMENTS OF A SPECIFICATION WHICH HAS NOT BEEN INCLUDED IN ANY OF ITS SOLICITATIONS. CONSEQUENTLY, THE ARGUMENT IS PREMATURE SINCE THERE IS NO AWARD OR PROPOSED AWARD AT ISSUE. UNDER THOSE CIRCUMSTANCES, THE PROTEST WILL NOT BE CONSIDERED ON THE MERITS. EBSCO INDUSTRIES, INC.; AMERICAN OF MARTINSVILLE, B-206401, B-206401.2, JUNE 2, 1982, 82-1 CPD 524.
ACCORDINGLY, THE PROTEST IS DISMISSED.