B-224270, OCT 16, 1986, 86-2 CPD 434

B-224270: Oct 16, 1986

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PROCUREMENT - BID PROTEST - PREMATURE ALLEGATION - GENERAL ACCOUNTING OFFICE REVIEW DIGEST: PROTEST WHICH MERELY ANTICIPATES POSSIBLE FUTURE AGENCY ACTION IS PREMATURE AND WILL NOT BE CONSIDERED. THE CONTRACT WAS AWARDED TO CELTECH ON SEPTEMBER 26. AFTER THE FIRM WAS INITIALLY FOUND RESPONSIBLE ON THE BASIS OF AN ORAL REPORT OF A PRE- AWARD SURVEY. WE HAVE BEEN INFORMED BY THE ARMY THAT IT IS CONSIDERING TERMINATING THE CONTRACT FOR CONVENIENCE. PROTEST THAT MERELY ANTICIPATES AGENCY ACTION IS PREMATURE AND WILL NOT BE CONSIDERED. THE PROTEST IS DISMISSED.

B-224270, OCT 16, 1986, 86-2 CPD 434

PROCUREMENT - BID PROTEST - PREMATURE ALLEGATION - GENERAL ACCOUNTING OFFICE REVIEW DIGEST: PROTEST WHICH MERELY ANTICIPATES POSSIBLE FUTURE AGENCY ACTION IS PREMATURE AND WILL NOT BE CONSIDERED.

CELTECH, INC.:

CELTECH, INC., THE AWARDEE OF A CONTRACT UNDER REQUEST FOR PROPOSALS (RFP) NO. MDA903-86-R-0078, PROTESTS THE ARMY'S PROPOSED TERMINATION OF THAT CONTRACT. CELTECH, A SMALL BUSINESS, ARGUES THAT TERMINATION OF ITS CONTRACT BECAUSE OF A NEGATIVE PREAWARD SURVEY ISSUED AFTER AWARD WOULD DEPRIVE IT OF ITS RIGHT TO APPLY FOR A CERTIFICATE OF COMPETENCY FROM THE SMALL BUSINESS ADMINISTRATION.

THE CONTRACT WAS AWARDED TO CELTECH ON SEPTEMBER 26, 1986, AFTER THE FIRM WAS INITIALLY FOUND RESPONSIBLE ON THE BASIS OF AN ORAL REPORT OF A PRE- AWARD SURVEY. AFTER AWARD, THE WRITTEN PRE-AWARD SURVEY REPORT RECEIVED BY THE CONTRACTING OFFICER RECOMMENDED THAT AWARD NOT BE MADE. WE HAVE BEEN INFORMED BY THE ARMY THAT IT IS CONSIDERING TERMINATING THE CONTRACT FOR CONVENIENCE, ALTHOUGH AT THIS TIME NO DECISION HAS BEEN MADE. PROTEST THAT MERELY ANTICIPATES AGENCY ACTION IS PREMATURE AND WILL NOT BE CONSIDERED. RESOURCE CONSULTANTS, INC., B-221858, MAR. 7, 1986, 86-1 CPD PARA. 231. ACCORDINGLY, CELTECH'S SPECULATION THAT THE CONTRACT MAY BE TERMINATED PROVIDES NO BASIS OF PROTEST AT THIS TIME.

THE PROTEST IS DISMISSED.

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