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DIGEST: PROTEST AGAINST PROCUREMENT POLICY AND UNCONNECTED WITH ANY AWARD OR PROPOSED AWARD IS NOT FOR CONSIDERATION BY GAO UNDER BID PROTEST PROCEDURES. THIS CERTIFICATE REQUIRES THE OFFEROR TO CERTIFY THAT THE TECHNICAL DATA WAS LEGALLY ACQUIRED AND THAT THE OFFEROR HAS FULL LEGAL RIGHT TO USE IT. OUR BID PROTEST PROCEDURES ARE RESERVED ONLY FOR CONSIDERING WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY. THERE IS NO AWARD OR PROPOSED AWARD AT ISSUE HERE. MERCER IS QUESTIONING A DISC PROCUREMENT POLICY. WE BELIEVE THE MATTER IS NOT FOR CONSIDERATION ON THE MERITS. THE PROTEST IS DISMISSED.

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B-213096, OCT 25, 1983

DIGEST: PROTEST AGAINST PROCUREMENT POLICY AND UNCONNECTED WITH ANY AWARD OR PROPOSED AWARD IS NOT FOR CONSIDERATION BY GAO UNDER BID PROTEST PROCEDURES.

MERCER PRODUCTS & MANUFACTURING CO.:

MERCER PRODUCTS & MANUFACTURING CO. (MERCER) PROTESTS THE WORDING OF A CERTIFICATE REQUIRED BY THE DEFENSE INDUSTRIAL SUPPLY CENTER (DISC), PHILADELPHIA, PENNSYLVANIA, TO BE SIGNED BY OFFERORS WHO SUBMIT UNSOLICITED QUOTATIONS OR PROPOSALS WITH ACCOMPANYING ENGINEERING DATA. THIS CERTIFICATE REQUIRES THE OFFEROR TO CERTIFY THAT THE TECHNICAL DATA WAS LEGALLY ACQUIRED AND THAT THE OFFEROR HAS FULL LEGAL RIGHT TO USE IT.

OUR BID PROTEST PROCEDURES ARE RESERVED ONLY FOR CONSIDERING WHETHER AN AWARD OR PROPOSED AWARD OF A CONTRACT COMPLIES WITH STATUTORY, REGULATORY, OR OTHER LEGAL REQUIREMENTS; KOLLSHADE CORPORATION, B-197897, SEPTEMBER 21, 1980, 80-2 CPD 164. THERE IS NO AWARD OR PROPOSED AWARD AT ISSUE HERE. MERCER IS QUESTIONING A DISC PROCUREMENT POLICY, NOT A CURRENT REVIEWABLE PROCUREMENT. UNDER THESE CIRCUMSTANCES, WE BELIEVE THE MATTER IS NOT FOR CONSIDERATION ON THE MERITS. GENERAL MILLS, INC., B-199359, SEPTEMBER 5, 1980, 80-2 CPD 179; KOOLSHADE CORPORATION, SUPRA.

THE PROTEST IS DISMISSED.

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