B-231648.2, Aug 19, 1988, 88-2 CPD 162
Highlights
PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: A protester challenging a contract award is not an interested party under General Accounting Office Bid Protest Regulations. Its protest thus is dismissed. Where it would not be in line for award if its protest were upheld. A party must be "interested" before we will consider its protest. 4 C.F.R. A party will not be deemed interested where it would not be in line for award if its protest were sustained. Award here was to be made to the technically acceptable offeror proposing the lowest price. The record shows Slye was only the third low offeror behind D&P and Techniarts. Would be in line for award if the protest were sustained and D&P's offer were found unacceptable.
B-231648.2, Aug 19, 1988, 88-2 CPD 162
PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: A protester challenging a contract award is not an interested party under General Accounting Office Bid Protest Regulations, and its protest thus is dismissed, where it would not be in line for award if its protest were upheld.
Robert Slye Electronics, Inc.:
Robert Slye Electronics (Slye) protests award of a contract under solicitation No. DAEA08-88-R-0002 to Design and Production, Inc. (D&P), on the grounds that D&P omitted necessary equipment from its proposal. dismiss the protest.
Under our Bid Protest Regulations, a party must be "interested" before we will consider its protest. 4 C.F.R. Sec. 21.1(a) (1988). A party will not be deemed interested where it would not be in line for award if its protest were sustained. See Advanced Business Systems, B-215717, Dec. 17, 1984, 84-2 CPD Para. 673.
Award here was to be made to the technically acceptable offeror proposing the lowest price. The record shows Slye was only the third low offeror behind D&P and Techniarts. Under these circumstances, Techniarts, not Slye, would be in line for award if the protest were sustained and D&P's offer were found unacceptable. Slye therefore is not an interested party. See McLaughlin Associates-- Request for Reconsideration, B-228332.2, Nov 9, 1987, 87-2 CPD Para. 467.
We dismiss the protest.