B-219459.2, JUL 19, 1985, OFFICE OF GENERAL COUNSEL

B-219459.2: Jul 19, 1985

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QUESTIONS - FUTURE PROCUREMENTS DIGEST: WHERE PROTESTER MERELY ANTICIPATES THAT THE CONTRACTING ACTIVITY WILL IMPROPERLY PERFORM AN ACT THAT HAS NOT YET BEEN PERFORMED THE PROTEST IS PREMATURE. APPARENTLY SENTINEL IS THE FIFTH LOW BIDDER. WE HAVE BEEN INFORMALLY ADVISED BY THE ARMY THAT NO AWARD HAS BEEN MADE ON THIS SOLICITATION. THEREFORE ANY PROTEST AGAINST THE AWARD OF A CONTRACT FILED BY SENTINEL AT THIS TIME CANNOT BE CONSIDERED BY OUR OFFICE SINCE IT IS UNCERTAIN WHETHER SENTINEL WILL HAVE A BASIS FOR PROTEST. A PROTEST IS FILED PREMATURELY WHEN THE PROTESTER IS MERELY ANTICIPATING THAT THE CONTRACTING ACTIVITY WILL IMPROPERLY PERFORM AN ACT THAT HAS NOT YET BEEN PERFORMED. IN VIEW OF THE ABOVE THIS OFFICE WILL NOT ENTERTAIN A PROTEST FROM SENTINEL AGAINST THE POSSIBLE AWARD OF A CONTRACT WHICH HAS YET TO BE AWARDED.

B-219459.2, JUL 19, 1985, OFFICE OF GENERAL COUNSEL

CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS - FUTURE PROCUREMENTS DIGEST: WHERE PROTESTER MERELY ANTICIPATES THAT THE CONTRACTING ACTIVITY WILL IMPROPERLY PERFORM AN ACT THAT HAS NOT YET BEEN PERFORMED THE PROTEST IS PREMATURE.

DANIEL S. GREENSTEIN ESQ.: GREENSTEIN, GORELICK, PRICE, SILVERMAN & LAVESON 900 TWO PENN CENTER PLAZA PHILADELPHIA, PA. 19102

THIS REFERS TO YOUR LETTER OF JULY 12, 1985, ON BEHALF OF SENTINEL ELECTRONICS, INC. (SENTINEL), IN WHICH YOU PROTEST ANY POSSIBLE AWARD TO THE SECOND, THIRD OR FOURTH LOW BIDDERS, OF A CONTRACT UNDER SOLICITATION NO. DAAB07-85-B-B132, ISSUED BY THE UNITED STATES ARMY COMMUNICATIONS ELECTRONICS COMMAND. APPARENTLY SENTINEL IS THE FIFTH LOW BIDDER. YOU DO NOT PROTEST ANY POSSIBLE AWARD TO THE LOW BIDDER SHORT ELECTRONICS, INC.

WE HAVE BEEN INFORMALLY ADVISED BY THE ARMY THAT NO AWARD HAS BEEN MADE ON THIS SOLICITATION. THEREFORE ANY PROTEST AGAINST THE AWARD OF A CONTRACT FILED BY SENTINEL AT THIS TIME CANNOT BE CONSIDERED BY OUR OFFICE SINCE IT IS UNCERTAIN WHETHER SENTINEL WILL HAVE A BASIS FOR PROTEST.

AS WE STATED WHEN WE DISMISSED SENTINEL'S EARLIER PROTEST, COPY ENCLOSED, A PROTEST IS FILED PREMATURELY WHEN THE PROTESTER IS MERELY ANTICIPATING THAT THE CONTRACTING ACTIVITY WILL IMPROPERLY PERFORM AN ACT THAT HAS NOT YET BEEN PERFORMED. FOR THAT REASON, WE DISMISSED SENTINEL'S EARLIER PROTEST. SEE 4 C.F.R. 21.3(F).

IN VIEW OF THE ABOVE THIS OFFICE WILL NOT ENTERTAIN A PROTEST FROM SENTINEL AGAINST THE POSSIBLE AWARD OF A CONTRACT WHICH HAS YET TO BE AWARDED.