B-191075, FEB 8, 1978
Highlights
WHERE A PROTEST IS FILED PRIOR TO ANY ACTION OR PROPOSED ACTION BY PROCURING ACTIVITY. PROTEST IS PREMATURE AND NOT FOR CONSIDERATION. CLIFFORD BELIEVES THAT THE OTHER LOWER BIDDERS WILL BE REJECTED BY DLA AS NONRESPONSIBLE AND THEREFORE. CLIFFORD WILL BE THE LOW RESPONSIVE RESPONSIBLE BIDDER. ASSUMING THAT THE OTHER LOWER BIDDERS ARE FOUND TO BE NONRESPONSIBLE. IT IS NOT EVIDENT FROM THE PROTEST THAT THE AGENCY PROPOSES TO REJECT CLIFFORD AND WE MUST CONCLUDE THAT CLIFFORD HAS NO BASIS FOR PROTEST. THE PROTEST IS DISMISSED.
B-191075, FEB 8, 1978
WHERE A PROTEST IS FILED PRIOR TO ANY ACTION OR PROPOSED ACTION BY PROCURING ACTIVITY, ADVERSE TO INTERESTS OF PROTESTER, PROTEST IS PREMATURE AND NOT FOR CONSIDERATION.
CLIFFORD INDUSTRIES, INC.:
CLIFFORD INDUSTRIES, INC. (CLIFFORD) PROTESTS AN AWARD TO ANY OTHER BIDDER UNDER SOLICITATION NO. DLA100-78-B-0224, ISSUED BY THE DEFENSE LOGISTICS AGENCY (DLA). CLIFFORD BELIEVES THAT THE OTHER LOWER BIDDERS WILL BE REJECTED BY DLA AS NONRESPONSIBLE AND THEREFORE, CLIFFORD WILL BE THE LOW RESPONSIVE RESPONSIBLE BIDDER. CLIFFORD REQUESTS CONSIDERATION OF ITS PROTEST "PENDING A FINAL DECISION BY THE PROCURING AGENCY AS TO THE RESPONSIVENESS AND RESPONSIBILITY OF ALL BIDDERS."
ASSUMING THAT THE OTHER LOWER BIDDERS ARE FOUND TO BE NONRESPONSIBLE, IT IS NOT EVIDENT FROM THE PROTEST THAT THE AGENCY PROPOSES TO REJECT CLIFFORD AND WE MUST CONCLUDE THAT CLIFFORD HAS NO BASIS FOR PROTEST. CF. BRNADON APPLIED SYSTEMS, INC., B-188738, DECEMBER 21, 1977, 77-2 CPD 486. AT THIS TIME, WE VIEW THE PROTEST AS PREMATURE. IMPERIAL PRODUCTS COMPANY, INCORPORATED, B-188297, MAY 12, 1977, 77-1 CPD 340.
ACCORDINGLY, THE PROTEST IS DISMISSED.