B-217190.2, DEC 18, 1984, 84-2 CPD 681

B-217190.2, DEC 18, 1984, 84-2 CPD 681

CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS - AWARD MADE TO PROTESTER DIGEST: 1. PROTEST IS DISMISSED AS ACADEMIC WHERE AGENCY HAS RESOLVED ISSUE IN FAVOR OF PROTESTER. CONTRACTS - PROTESTS - MOOT, ACADEMIC, ETC. QUESTIONS 2. PROTEST IS DISMISSED AS PREMATURE WHERE IT DOES NOT CONCERN THE IMMEDIATE PROCUREMENT, BUT CHALLENGES SPECIFICATIONS EXPECTED TO BE INCLUDED IN FUTURE SOLICITATIONS.

ALAN SCOTT INDUSTRIES:

ALAN SCOTT INDUSTRIES (ASI) PROTESTS CERTAIN SPECIFICATIONS FOR MEDICAL INSTRUMENTS AS UNDULY RESTRICTIVE UNDER REQUEST FOR QUOTATIONS YPM 8428000030, ISSUED BY THE DEFENSE LOGISTICS AGENCY (DLA). HOWEVER, ASI STATES THAT DLA AGREES WITH THE FIRM'S ABOVE CONTENTION, THAT IS, THE PROCURING ACTIVITY APPARENTLY HAS RELAXED THE ALLEGEDLY RESTRICTIVE SPECIFICATIONS FOR THIS PROCUREMENT AND ACCEPTED ASI'S OFFER. ACCORDINGLY, ASI'S PROTEST CONCERNING THIS MATTER IS ACADEMIC AND NOT FOR OUR CONSIDERATION. KEEN SURVEYS. B-214523, JULY 26, 1984, 84-2 CPD PARA. 116; ANDREW CORPORATION, B-197203, FEB. 23, 1981, 81-1 CPD PARA. 124.

FURTHER, TO THE EXTENT THAT ASI MAY BE GENERALLY PROTESTING, WITHOUT REGARD TO A PARTICULAR PROCUREMENT, THAT CERTAIN MILITARY SPECIFICATIONS FOR MEDICAL INSTRUMENTS ARE RESTRICTIVE, THE FIRM'S PROTEST IS DISMISSED AS PREMATURE. GENERAL MILLS, INC., B-199359, SEPT. 5, 1980, 80-2 CPD PARA. 179. UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. PART 21 (1984), WE CONSIDER PROTESTS OF AN AWARD OR PROPOSED AWARD OF A CONTRACT. 4 C.F.R. SEC. 21.1(A). THEREFORE, A PROTEST AGAINST SPECIFICATIONS EXPECTED TO BE INCLUDED IN FUTURE SOLICITATIONS SHOULD AWAIT THE ISSUANCE OF THE SOLICITATIONS. GENERAL MILLS, INC., B-199359, SUPRA.

PROTEST DISMISSED.