B-218465, APR 18, 1985, 85-1 CPD 447

B-218465, APR 18, 1985, 85-1 CPD 447

CONTRACTS - PROTESTS - ALLEGATIONS - SPECULATIVE DIGEST: PROTEST THAT MERELY ANTICIPATES THAT AN AGENCY MAY CONSIDER AWARDING A CONTRACT BASED ON A NONRESPONSIVE BID IS DISMISSED AS SPECULATIVE.

LOGISTICAL SUPPORT, INC.:

LOGISTICAL SUPPORT, INC. PROTESTS THE AIR FORCE'S CONSIDERATION FOR AWARD OF ANY BID THAT DOES NOT MEET THE REQUIREMENTS OF INVITATION FOR BIDS (IFB) NO. F34650-85-B-0051 AS MODIFIED BY MODIFICATION 0005. THE AGENCY ISSUED THE IFB TO OBTAIN FOOD SERVICES AT TINKER AIR FORCE BASE, OKLAHOMA.

OUR BID PROTEST REGULATIONS ALLOW FOR THE FILING OF PROTESTS REGARDING SOLICITATIONS, CONTRACTS, OR PROPOSED CONTRACTS FOR THE ACQUISITION OF PROPERTY OR SERVICES. 4 C.F.R. SEC. 21.1(A) (1985). THE PROTESTER IN THIS CASE IS NOT OBJECTING TO A SOLICITATION PROVISION OR TO THE AWARD OR PROPOSED AWARD OF A CONTRACT TO ANY PARTICULAR BIDDER. RATHER, THE PROTESTER MERELY RECITES CERTAIN IFB PROVISIONS AND STATES THAT IT PROTESTS AWARD TO ANY BIDDER NOT ABLE TO MEET THE IFB REQUIREMENTS AND NOT OFFERING THE REQUIRED BID ACCEPTANCE PERIOD. THE PROTESTER DOES NOT, HOWEVER, ASSERT THAT ANY BID IS IN FACT NONRESPONSIVE OR THAT THE AGENCY HAS AWARDED OR INTENDS TO AWARD A CONTRACT ON THE BASIS OF A NONRESPONSIVE BID.

OUR BID PROTEST REGULATIONS REQUIRE A PROTESTER TO FURNISH A DETAILED STATEMENT OF THE LEGAL AND FACTUAL GROUNDS FOR PROTEST. 4 C.F.R. SEC. 21.1(B)(4). HERE, INSTEAD OF PROVIDING A FACTUAL BASIS FOR PROTEST, THE PROTESTER SIMPLY ANTICIPATES POSSIBLE IMPROPER AGENCY ACTION. UNDER THESE CIRCUMSTANCES, THE PROTEST IS SPECULATIVE. SEE SURGICAL INSTRUMENT CO. OF AMERICA, B-215026, JULY 25, 1984, 84-2 CPD PARA. 112.

THE PROTEST IS DISMISSED.