B-232510, Oct 4, 1988, 88-2 CPD 321

B-232510: Oct 4, 1988

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Protest against anticipated procurement is premature and. FPI has informed our Office that it has not yet signed an inter agency agreement and does not currently have a solicitation or any other type of procurement action in process. FPI has indicated further that once an agreement is reached it anticipates that it may issue a solicitation on a competitive basis at that time. Any protest concerning it is premature. /1/ T.J. The protest is dismissed. /1/ The protester enclosed a copy of a proposal it alleges it submitted to UNICOR. We have been advised by the agency that it did not receive a proposal and that it will not consider proposals until an agreement is reached to permit it to contract the requirement and conduct a competition.

B-232510, Oct 4, 1988, 88-2 CPD 321

PROCUREMENT - Bid Protests - Premature allegation - Future procurement - GAO review DIGEST: Where no solicitation has yet been issued, protest against anticipated procurement is premature and, therefore, not for consideration under Bid Protest Regulations.

Access Innovations, Inc.:

Access Innovations, Inc. protests to our Office alleging that UNICOR, Federal Prison Industries, Inc. (FPI) improperly proposes to award a contract for the data conversion of patents for the U.S. Patent and Trademark Office on a sole-source basis. The protester states that FPI would award the contract pursuant to an inter-agency agreement with the Patent and Trademark Office.

FPI has informed our Office that it has not yet signed an inter agency agreement and does not currently have a solicitation or any other type of procurement action in process. FPI has indicated further that once an agreement is reached it anticipates that it may issue a solicitation on a competitive basis at that time.

Since no solicitation has yet been issued, any protest concerning it is premature. /1/ T.J. O'Brien Co., Inc.-- Reconsideration, B-228224.3, Dec. 31, 1987, 88-1 CPD Para. 4. Under our Regulations, we consider protests involving solicitations already issued by federal agencies and awards made or proposed to be made under those solicitations. 4 C.F.R. Sec. 21.1(a). In this case, then, FPI has not done anything that properly can be the subject of a bid protest. Id.

The protest is dismissed.

/1/ The protester enclosed a copy of a proposal it alleges it submitted to UNICOR. We have been advised by the agency that it did not receive a proposal and that it will not consider proposals until an agreement is reached to permit it to contract the requirement and conduct a competition.

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