B-244174, Jul 8, 1991, 91-2 CPD ***
Highlights
PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Direct interest standards DIGEST: Protester is not an interested party to challenge the evaluation of its proposal under a small business set-aside solicitation where the Small Business Administration determines that the protester is other than small for the procurement. A size protest was then filed with the Small Business Administration (SBA) alleging that East West did not qualify as a small business concern on this procurement because it was affiliated with a large business concern. SBA determined that East West is other than a small business for this procurement. We find that the protester is no longer an interested party eligible to maintain a protest under our Bid Protest Regulations.
B-244174, Jul 8, 1991, 91-2 CPD ***
PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Direct interest standards DIGEST: Protester is not an interested party to challenge the evaluation of its proposal under a small business set-aside solicitation where the Small Business Administration determines that the protester is other than small for the procurement.
Attorneys
East West Research, Inc.:
East West Research, Inc. protests the evaluation of its proposal and the award to Nationwide Glove Co., Inc. under request for proposals (RFP) No. DLA100-91-R-0125, a total small business set-aside, issued by the Defense Logistics Agency, Defense Personnel Support Center (DPSC), for 221,760 palm cloth leather gloves.
We dismiss the protest.
East West protested this award on May 22, 1991. A size protest was then filed with the Small Business Administration (SBA) alleging that East West did not qualify as a small business concern on this procurement because it was affiliated with a large business concern. On June 25, SBA determined that East West is other than a small business for this procurement. Under 15 U.S.C. Sec. 637(b)(6) (1988), SBA has conclusive authority to determine small business size status for procurement purposes.
We find that the protester is no longer an interested party eligible to maintain a protest under our Bid Protest Regulations. A protester must have a direct economic interest, which may be affected by the award of a contract or the failure to award a contract, in order to qualify as an interested party eligible to protest a federal procurement. 56 Fed.Reg. 3,759 (1991) (to be codified at 4 C.F.R. Sec. 21.0(a)). A protester is not considered an interested party where it would not be in line for award were its protest to be sustained. ESC Composites, Inc., B-235849.2, Jan. 3, 1990, 90-1 CPD Para. 7. Since East West has been determined to be other than a small business, it is ineligible for award under this small business set-aside. Accordingly, we find that East West is not an interested party eligible to protest this award. See Gibraltar Indus., Inc., B-212023, June 24, 1983, 83-2 CPD Para. 17.
The protest is dismissed.