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B-217456, FEB 7, 1985, 85-1 CPD 161

B-217456 Feb 07, 1985
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CONTRACTS - PROTESTS - ALLEGATIONS - PREMATURE DIGEST: A PROTEST THAT NO AWARD HAS BEEN MADE AFTER THE BID ACCEPTANCE DATE AND AN EXTENSION OF THAT DATE HAVE PASSED. WHERE PROTESTER'S BID IS STILL PENDING BY REASON OF FURTHER EXTENSIONS. IS PREMATURE AND WILL NOT BE CONSIDERED. AMERTEX'S BID IS STILL PENDING BEFORE THE GOVERNMENT AND WAS PENDING AT THE TIME OF THE FILING OF THIS PROTEST. IT APPEARS THAT AMERTEX IS SIMPLY CONCERNED THAT IT MAY NOT BE AWARDED THIS CONTRACT. A PROTEST WHICH MERELY ANTICIPATES AGENCY ACTION IS SPECULATIVE AND WILL NOT BE CONSIDERED BY THIS OFFICE. THE PROTEST IS DISMISSED.

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B-217456, FEB 7, 1985, 85-1 CPD 161

CONTRACTS - PROTESTS - ALLEGATIONS - PREMATURE DIGEST: A PROTEST THAT NO AWARD HAS BEEN MADE AFTER THE BID ACCEPTANCE DATE AND AN EXTENSION OF THAT DATE HAVE PASSED, WHERE PROTESTER'S BID IS STILL PENDING BY REASON OF FURTHER EXTENSIONS, IS PREMATURE AND WILL NOT BE CONSIDERED.

AMERTEX ENTERPRISES, LTD.:

AMERTEX ENTERPRISES, LTD. PROTESTS THE FAILURE OF THE DEFENSE LOGISTICS AGENCY (DLA) TO MAKE AN AWARD TO IT UNDER INVITATION FOR BIDS DLA100-84-B- 1152. IT CONTENDS THAT IT HAS SUBMITTED THE MOST ADVANTAGEOUS BID TO THE GOVERNMENT AND THAT IT SHOULD RECEIVE THE AWARD.

COMMUNICATIONS FROM AMERTEX INDICATE THAT IT HAS AGREED TO EXTEND THE BID ACCEPTANCE DATE TO MARCH 1, 1985. THEREFORE, AMERTEX'S BID IS STILL PENDING BEFORE THE GOVERNMENT AND WAS PENDING AT THE TIME OF THE FILING OF THIS PROTEST. IT APPEARS THAT AMERTEX IS SIMPLY CONCERNED THAT IT MAY NOT BE AWARDED THIS CONTRACT.

A PROTEST WHICH MERELY ANTICIPATES AGENCY ACTION IS SPECULATIVE AND WILL NOT BE CONSIDERED BY THIS OFFICE. SINCE THIS PROTEST INVOLVES AN AWARD WHICH HAS NOT YET BEEN MADE, SINCE THE DLA HAS STATED THAT THE PROTESTER REMAINS IN COMPETITION FOR THE CONTRACT, AND SINCE AMERTEX HAS NOT ALLEGED ANY IMPROPER AGENCY ACTION, WE FIND AT THIS TIME NO BASIS UPON WHICH TO CONSIDER AMERTEX'S PROTEST, WHICH WE VIEW AS PREMATURE. SEE JJK COMMODITY COMPANY, B-215093, AUG. 22, 1984, 84-2 CPD PARA. 211.

THE PROTEST IS DISMISSED.

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