B-216188, SEP 10, 1984, 84-2 CPD 278
Highlights
IS DISMISSED BECAUSE UNION IS NOT AN "INTERESTED" PARTY FOR PURPOSES OF THESE ISSUES UNDER GAO BID PROTEST PROCEDURES. WHICH IS LOCATED IN AN AREA ZONED C-M. IS NOT RESPONSIVE TO THE SOLICITATION. WE EXAMINE THE DEGREE TO WHICH THE ASSERTED INTEREST IS BOTH ESTABLISHED AND DIRECT. WHERE THERE IS AN INTERESTED PARTY OF GREATER INTEREST. WE GENERALLY HAVE CONSIDERED THE PROTESTER TO BE TOO REMOTE FROM THE CAUSE TO ESTABLISH INTEREST WITHIN THE MEANING OF OUR BID PROTEST PROCEDURES. THE INTERESTS INVOLVED IN WHETHER THE AWARD OF A CONTRACT IS PROPER ARE ADEQUATELY PROTECTED BY LIMITING THE CLASS OF PARTIES ELIGIBLE TO PROTEST TO DISAPPOINTED BIDDERS OR OFFERORS. OTHER OFFERORS ON THE SOLICITATION ARE INTERMEDIATE PARTIES OF GREATER INTEREST WITH RESPECT TO THE ISSUES REGARDING THE PROPRIETY OF THE SOLICITATION REQUIREMENTS AND.
B-216188, SEP 10, 1984, 84-2 CPD 278
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - TRADE ASSOCIATIONS, ETC. DIGEST: LABOR UNION PROTEST, ALLEGING NONRESPONSIVENESS OF AWARDEE, IS DISMISSED BECAUSE UNION IS NOT AN "INTERESTED" PARTY FOR PURPOSES OF THESE ISSUES UNDER GAO BID PROTEST PROCEDURES.
NATIONAL TREASURY EMPLOYEES UNION:
THE NATIONAL TREASURY EMPLOYEES UNION (UNION) PROTESTS THE AWARD OF CONTRACTS UNDER SOLICITATIONS NOS. GS-09B-83349 AND -83537 ISSUED BY THE GENERAL SERVICES ADMINISTRATION FOR LEASING SPACE FOR THE WESTERN REGIONAL OFFICE OF THE INTERNAL REVENUE SERVICE. THE UNION CONTENDS THAT THE OFFER OF VAN NESS PLAZA, THE AWARDEE, WHICH IS LOCATED IN AN AREA ZONED C-M, IS NOT RESPONSIVE TO THE SOLICITATION.
WE DISMISS THE PROTEST.
OUR BID PROTEST PROCEDURES REQUIRE THAT A PARTY BE "INTERESTED" IN ORDER THAT ITS PROTEST BE CONSIDERED. 4 C.F.R. SEC. 21.1(A) (1984). DETERMINING WHETHER A PROTESTER SATISFIES THE INTERESTED PARTY CRITERION, WE EXAMINE THE DEGREE TO WHICH THE ASSERTED INTEREST IS BOTH ESTABLISHED AND DIRECT. IN MAKING THIS EVALUATION, WE CONSIDER THE NATURE OF THE ISSUES RAISED AND THE DIRECT OR INDIRECT BENEFIT OR RELIEF SOUGHT BY THE PROTESTER. KENNETH R. BLAND, CONSULTANT, B-184852, OCT. 17, 1975, 75-2 CPD PARA. 242. THE PARTY'S RELATIONSHIP TO THE QUESTION RAISED BY THE PROTEST MUST BE DIRECT. WHERE THERE IS AN INTERESTED PARTY OF GREATER INTEREST, WE GENERALLY HAVE CONSIDERED THE PROTESTER TO BE TOO REMOTE FROM THE CAUSE TO ESTABLISH INTEREST WITHIN THE MEANING OF OUR BID PROTEST PROCEDURES. AS A GENERAL RULE, THE INTERESTS INVOLVED IN WHETHER THE AWARD OF A CONTRACT IS PROPER ARE ADEQUATELY PROTECTED BY LIMITING THE CLASS OF PARTIES ELIGIBLE TO PROTEST TO DISAPPOINTED BIDDERS OR OFFERORS. DIE MESH CORPORATION, 58 COMP.GEN. 111 (1978), 78-2 CPD PARA. 374. HERE, OTHER OFFERORS ON THE SOLICITATION ARE INTERMEDIATE PARTIES OF GREATER INTEREST WITH RESPECT TO THE ISSUES REGARDING THE PROPRIETY OF THE SOLICITATION REQUIREMENTS AND, THEREFORE, THE UNION IS NOT AN INTERESTED PARTY. SEE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL UNION NO. 595, B-215633, JULY 23, 1984, 84-2 CPD PARA. 91.