B-225125.2, MAY 27, 1987, 87-1 CPD 543
Highlights
PROCUREMENT - BID PROTEST - GAO PROCEDURES - INTERESTED PARTIES DIGEST: PROTEST OF THE REJECTION OF THE PROTESTER'S BID FOR ITS FAILURE TO ACKNOWLEDGE SEVERAL SOLICITATION AMENDMENTS IS DISMISSED BECAUSE. WHERE THE PROTESTER IS NOT THE LOW BIDDER. WOULD NOT THEREFORE BE IN LINE FOR AWARD EVEN IF ITS PROTEST WERE UPHELD. IT IS NOT AN INTERESTED PARTY UNDER GENERAL ACCOUNTING OFFICE BID PROTEST REGULATIONS. THE APPLETOWN BID WAS REJECTED AS NONRESPONSIVE DUE TO THAT FIRM'S FAILURE TO ACKNOWLEDGE. WE DISMISS THE PROTEST BECAUSE APPLETOWN IS NOT AN INTERESTED PARTY. OUR BID PROTEST REGULATIONS REQUIRE THAT A PROTESTER BE "AN INTERESTED PARTY" BEFORE WE WILL CONSIDER ITS PROTEST. 4 C.F.R. PROTESTER IS NOT AN INTERESTED PARTY IF IT WOULD NOT BE IN LINE FOR AWARD IF ITS PROTESTS WERE UPHELD. 4 C.F.R.
B-225125.2, MAY 27, 1987, 87-1 CPD 543
PROCUREMENT - BID PROTEST - GAO PROCEDURES - INTERESTED PARTIES DIGEST: PROTEST OF THE REJECTION OF THE PROTESTER'S BID FOR ITS FAILURE TO ACKNOWLEDGE SEVERAL SOLICITATION AMENDMENTS IS DISMISSED BECAUSE, WHERE THE PROTESTER IS NOT THE LOW BIDDER, HAS NOT CONTESTED THE ACCEPTABILITY OF THE LOWER-PRICED BIDS RECEIVED, AND WOULD NOT THEREFORE BE IN LINE FOR AWARD EVEN IF ITS PROTEST WERE UPHELD, IT IS NOT AN INTERESTED PARTY UNDER GENERAL ACCOUNTING OFFICE BID PROTEST REGULATIONS.
APPLETOWN FOOD SERVICE AND MANAGEMENT CORPORATION:
APPLETOWN FOOD SERVICE AND MANAGEMENT CORPORATION PROTESTS THE REJECTION OF ITS BID UNDER INVITATION FOR BIDS (IFB) NO. F26600-87 B0004, ISSUED BY NELLIS AIR FORCE BASE FOR MESS ATTENDANT SERVICES. THE APPLETOWN BID WAS REJECTED AS NONRESPONSIVE DUE TO THAT FIRM'S FAILURE TO ACKNOWLEDGE, SEVERAL SOLICITATION AMENDMENTS. APPLETOWN CONTENDS THAT, SINCE IT MAILED ACKNOWLEDGMENTS OF THE AMENDMENTS TO THE CONTRACTING AGENCY PRIOR TO BID OPENING, ITS BID SHOULD BE CONSIDERED RESPONSIVE.
WE DISMISS THE PROTEST BECAUSE APPLETOWN IS NOT AN INTERESTED PARTY. OUR BID PROTEST REGULATIONS REQUIRE THAT A PROTESTER BE "AN INTERESTED PARTY" BEFORE WE WILL CONSIDER ITS PROTEST. 4 C.F.R. SEC. 21.1(A) (1986). PROTESTER IS NOT AN INTERESTED PARTY IF IT WOULD NOT BE IN LINE FOR AWARD IF ITS PROTESTS WERE UPHELD. 4 C.F.R. SEC. 21.0(A): EASTMAN KODAK CO., B-220646, JAN. 31, 1986, 86-1 CPD PARA 113, AFF'D UPON RECONSIDERATION, B-220646.2, MAR. 24, 1986, 86-1 CPD PARA. 289. SEVEN BIDDERS SUBMITTED RESPONSIVE BIDS THAT WERE PRICED LOWER THAN APPLETOWN'S BID. APPLETOWN HAS NOT CONTESTED THE ACCEPTABILITY OF THESE SEVEN BIDS. SINCE THE APPLETOWN BID WOULD NOT, THEREFORE, BE IN LINE FOR AWARD EVEN IF WE UPHELD THE PROTEST, APPLETOWN IS NOT AN INTERESTED PARTY ENTITLED TO PROTEST.
THE PROTEST IS DISMISSED.