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B-230107.2, Jun 8, 1988, 88-1 CPD 543

B-230107.2 Jun 08, 1988
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PROCUREMENT - Bid Protests - Premature allegation - GAO review DIGEST: Resolution of low offerer's protest against possible award to offeror not in line for award is dismissed because decision would serve no useful purpose. Issued by the Defense Logistics Agency (DLA) for the acquisition of a quantity of plunger and bushing assemblies which have been assigned National Stock Number 2910-00-903-0910. Only sources whose product has been approved by TACOM are eligible to supply the product. Interstate alleges that the product to be furnished by Korody-Colyer is not actually manufactured by that firm and is therefore not a source approved product. We are informed by DLA that after the submission of best and final offers (BAFOs).

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B-230107.2, Jun 8, 1988, 88-1 CPD 543

PROCUREMENT - Bid Protests - Premature allegation - GAO review DIGEST: Resolution of low offerer's protest against possible award to offeror not in line for award is dismissed because decision would serve no useful purpose.

Interstate Diesel Services, Inc:

Interstate Diesel Services, Inc., protests the possible award of a contract to Korody-Colyer Corporation under request for proposals (RFP) No. DLA700-87-R-1963, issued by the Defense Logistics Agency (DLA) for the acquisition of a quantity of plunger and bushing assemblies which have been assigned National Stock Number 2910-00-903-0910. The product in question has been classified as critical by the user agency, the Army Tank -Automotive Command (TACOM), and, consequently, only sources whose product has been approved by TACOM are eligible to supply the product. Korody- Colyer Corporation, the only source other than the original equipment manufacturer (OEM) whose product has received source approval from TACOM, submitted an offer in response to the RFP. Interstate alleges that the product to be furnished by Korody-Colyer is not actually manufactured by that firm and is therefore not a source approved product.

We are informed by DLA that after the submission of best and final offers (BAFOs), Interstate is the low offeror and that Korody-Colyer is not the next low offeror. Moreover, DLA has not rejected Interstate's offer. addition, at least one other firm (whose BAFO was higher than Interstate's but lower than Korody-Colyer's) proposes to furnish the OEM's product.

Since Korody-Colyer is not in line for award, we conclude that resolution of the protest against award two Korody-Colyer serves no useful purpose at this time and we therefore dismiss Interstate's protest. 4 C.F.R. Sec. 21.3(m (1988).

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