B-207787, JUN 22, 1982
Highlights
FILED WITH GAO AFTER PROTESTER WAS UNABLE TO LEARN STATUS OF PROCUREMENTS FROM CONTRACTING AGENCY. IS DISMISSED AS PREMATURE. ALLEGING THAT IT CONTACTED THE CONTRACTING ACTIVITY BUT WAS UNABLE TO ASCERTAIN THE PROCUREMENTS' STATUS. WE ARE UNABLE. IT IS NOT CLEAR WHETHER THE ANTICIPATED ADVERSE ACTION CONCERNS A PROTEST SAFE FILED INITIALLY WITH THE ARMY OR SOME OTHER ACTION WHICH WOULD FORM THE BASIS FOR PROTEST. THE PROTEST IS PREMATURE UNTIL SUCH TIME AS SAFE HAS KNOWLEDGE OF THE ALLEGED ADVERSE ACTION. OUR OFFICE WILL NOT ANTICIPATE A CONTRACTING AGENCY'S FAILURE TO COMPLY WITH PROCUREMENT REQUIREMENTS. NOR WILL WE CONSIDER PROTESTS BASED ON SPECULATION OR CONJECTURE. IT IS THE PROTESTER'S RESPONSIBILITY TO SUBMIT A STATEMENT OF THE GROUNDS OF PROTEST.
B-207787, JUN 22, 1982
DIGEST: PROTEST OF POSSIBLE ADVERSE AGENCY ACTION, FILED WITH GAO AFTER PROTESTER WAS UNABLE TO LEARN STATUS OF PROCUREMENTS FROM CONTRACTING AGENCY, IS DISMISSED AS PREMATURE.
SECURITY ASSISTANCE FORCES & EQUIPMENT EXPORT CORPORATION:
SECURITY ASSISTANCE FORCES & EQUIPMENT EXPORT CORPORATION (SAFE) HAS FILED "A PROTEST OF POSSIBLE ADVERSE AGENCY ACTION" CONCERNING ARMY SOLICITATIONS NOS. DAJA76-82-Q-0336, -0616, -0667 AND -0690. ALLEGING THAT IT CONTACTED THE CONTRACTING ACTIVITY BUT WAS UNABLE TO ASCERTAIN THE PROCUREMENTS' STATUS, SAFE STATES:
"WE SUSPECT THAT ADVERSE AGENCY ACTION HAS TAKEN PLACE, BUT, DUE TO A TOTAL LACK OF COMMUNICATION ON THE PART OF THE AGENCY ***, WE ARE UNABLE, AT THIS TIME, TO DETERMINE THE EXACT REASONS FOR THE ADVERSE AGENCY ACTION."
SAFE DOES NOT MENTION A PRIOR PROTEST NOR SPECIFY ANY GROUNDS FOR SUCH A PROTEST. THEREFORE, IT IS NOT CLEAR WHETHER THE ANTICIPATED ADVERSE ACTION CONCERNS A PROTEST SAFE FILED INITIALLY WITH THE ARMY OR SOME OTHER ACTION WHICH WOULD FORM THE BASIS FOR PROTEST. IN EITHER EVENT, THE PROTEST IS PREMATURE UNTIL SUCH TIME AS SAFE HAS KNOWLEDGE OF THE ALLEGED ADVERSE ACTION. OUR OFFICE WILL NOT ANTICIPATE A CONTRACTING AGENCY'S FAILURE TO COMPLY WITH PROCUREMENT REQUIREMENTS. VYDEC, INC., B-198275, AUGUST 5, 1980, 80-2 CPD 89; NOR WILL WE CONSIDER PROTESTS BASED ON SPECULATION OR CONJECTURE. AMERICAN MARINE DECKING SYSTEMS, B-203748, JULY 8, 1981, 81-2 CPD 23. IT IS THE PROTESTER'S RESPONSIBILITY TO SUBMIT A STATEMENT OF THE GROUNDS OF PROTEST, 4 C.F.R. SEC. 21.1(C)(1981), AND TO PRESENT SUFFICIENT EVIDENCE TO AFFIRMATIVELY ESTABLISH ITS POSITION. AMERICAN MARINE DECKING SYSTEMS, SUPRA. SINCE THE PROTESTER HAS FAILED TO MEET THIS BURDEN, WE WILL NOT CONSIDER THE PROTEST FURTHER.
THE PROTEST IS DISMISSED.