B-212258, DEC 12, 1983

B-212258, DEC 12, 1983

DIGEST: PROTESTER IS NOT AN INTERESTED PARTY UNDER BID PROTEST PROCEDURES SINCE, IF PROTEST WERE UPHELD, PROTESTER WOULD NOT BE IN LINE FOR AWARD.

YOUNGE MECHANICAL, INC.:

YOUNGE MECHANICAL, INC. (YOUNGE), PROTESTS THE DECISION BY THE VETERANS ADMINISTRATION (VA) TO PERMIT BRUNS M. MYERS, JR. (MYERS), TO CORRECT A MISTAKE IN BID FOR ITEM NO. 1 IN INVITATION FOR BIDS (IFB) NO. 81-110 AND THE AWARD TO MYERS ON THE CORRECTED BASIS. YOUNGE CONTENDS THAT MYERS' BID EITHER SHOULD HAVE BEEN REJECTED AS NONRESPONSIVE OR WITHDRAWN BECAUSE OF THE ERROR.

WE DISMISS THE PROTEST.

THE IFB SOLICITED BIDS ON ALTERNATE BASES. ITEM NO. 1 SOLICITED BIDS FOR WORK ON AIR HANDLING SYSTEMS NOS. 5, 6, 7 AND 8. THE SAME WORK WAS DIVIDED OVER THE REMAINING THREE ITEMS. ITEM NO. 2 COVERED AIR HANDLING SYSTEMS NOS. 5 AND 7, WHILE ITEM NO. 3 COVERED AIR HANDLING SYSTEM NO. 6 AND ITEM NO. 4 COVERED AIR HANDLING SYSTEM NO. 8. THE IFB INDICATED THAT A SINGLE AWARD WOULD BE MADE FOR ITEM NO. 1 OR ITEM NO. 2 OR A COMBINATION OF ITEMS NOS. 2, 3 AND 4.

MYERS IS THE LOW BIDDER ON EITHER ITEM NO. 1 ($446,521) OR ON THE COMBINATION OF ITEMS NOS. 2, 3 AND 4 ($560,005). YOUNGE'S BIDS ON ITEM NO. 1 AND THE COMBINATION OF ITEMS NOS. 2, 3 AND 4 ARE $575,000 AND $575,900, RESPECTIVELY.

BECAUSE THE CONTRACTING OFFICER SUSPECTED AN ERROR IN MYERS' BID PRICE FOR ITEM NO. 1, MYERS WAS PROVIDED AN OPPORTUNITY TO ESTABLISH THE ERROR AND INTENDED BID PRICE FOR ITEM NO. 1. AS A RESULT OF THE EVIDENCE PRESENTED, THE VA ALLOWED MYERS TO CORRECT THE BID FOR ITEM NO. 1 FROM $446,521 TO $493,981 AND MADE AWARD TO MYERS.

THERE IS NOTHING ON THE FACE OF MYERS' BIDS FOR ITEMS NOS. 1, 2, 3 OR 4 WHICH LIMITS, REDUCES OR MODIFIES MYERS' OBLIGATION TO PERFORM THE WORK REQUIRED UNDER THE IFB. THUS, THE BIDS FOR ALL OF THESE ITEMS ARE RESPONSIVE. MILLER DISPOSAL SERVICES, INC., B-205715, JUNE 7, 1982, 82-1 CPD 543.

SINCE MYERS' BIDS ARE RESPONSIVE, YOUNGE IS NOT ELIGIBLE TO MAINTAIN THE PROTEST AGAINST THE AWARD FOR ITEM NO. 1. UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.1(A) (1983), A PARTY MUST BE "INTERESTED" IN ORDER TO HAVE ITS PROTEST CONSIDERED BY OUR OFFICE. DETERMINING WHETHER A PARTY IS SUFFICIENTLY INTERESTED INVOLVES CONSIDERATION OF THE PARTY'S STATUS IN RELATION TO THE PROCUREMENT. PLURIBUS PRODUCTS INC., B-210444, MARCH 7, 1983, 83-1 CPD 226. IN GENERAL, WE WILL NOT CONSIDER A PARTY'S INTEREST TO BE SUFFICIENT WHERE THAT PARTY WOULD NOT BE ELIGIBLE FOR AWARD EVEN IF THE ISSUES RAISED WERE RESOLVED IN ITS FAVOR. SEE BAY SHIPBUILDING CORPORATION - RECONSIDERATION, B-209435.3, DECEMBER 7, 1982, 82-2 CPD 516.

EVEN IF WE WERE TO CONCLUDE THAT MYERS' BID ON ITEM NO. 1 SHOULD HAVE BEEN WITHDRAWN INSTEAD OF CORRECTED, MYERS' BID FOR THE COMBINATION OF ITEMS NOS. 2, 3 AND 4, WHICH COVERS THE SAME WORK AS ITEM NO. 1, IS LOWER THAN YOUNGE'S ITEM NO. 1 OR COMBINATION BID. THEREFORE, IF YOUNGE'S PROTEST WERE UPHELD, YOUNGE WOULD NOT BE IN LINE FOR AWARD. ACCORDINGLY, YOUNGE IS NOT AN INTERESTED PARTY WITHIN THE MEANING OF THE BID PROTEST PROCEDURES. DOUCETTE INDUSTRIES, B-211887, JUNE 17, 1983, 83-1 CPD 665.