B-219590.4, JUN 27, 1986

B-219590.4, JUN 27, 1986

CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - TRADE ASSOCIATIONS, ETC. DIGEST: A UNION LOCAL WHICH REPRESENTS FEDERAL EMPLOYEES IS NOT AN INTERESTED PARTY TO PROTEST THE CONTRACTING AGENCY'S DECISION TO CONTRACT FOR SERVICES RATHER THAN PERFORM THEM IN-HOUSE, SINCE IT IS NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR UNDER THE CHALLENGED SOLICITATION.

AMERICAN FEDERATION OF LOCAL EMPLOYEES LOCAL 1513:

LOCAL 1513 OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES PROTESTS THE PROPOSED AWARD OF A CONTRACT TO DEL-JEN, INC. (DJI) UNDER REQUEST FOR PROPOSALS (RFP) NO. N62474-83-R-3001, ISSUED BY THE DEPARTMENT OF THE NAVY FOR BASE OPERATING SUPPORT AT THE NAVAL AIR STATION, WHIDBEY ISLAND, OAK HARBOR, WASHINGTON. THE PROTEST CONCERNS THE NAVY'S DECISION UNDER OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A-76 TO CONTRACT FOR SERVICES RATHER THAN PERFORM THEM IN-HOUSE. THE PROTESTER CONTENDS THAT DJI CANNOT MEET THE REQUIREMENTS OF THE RFP, THAT THERE WAS A CONFLICT OF INTEREST IN THE AWARD OF THE CONTRACT TO DJI, AND THAT THE NAVY IS BIASED IN FAVOR OF THE CONTRACTOR.

WE DISMISS THE PROTEST.

UNDER THE COMPETITION IN CONTRACTING ACT OF 1984, 31 U.S.C.A. SEC. 3551(2) (WEST SUPP. 1985), AND OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.0(A) (1986), A PROTEST MAY BE BROUGHT ONLY BY AN "INTERESTED PARTY," DEFINED AS AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OR FAILURE TO AWARD THE CONTRACT INVOLVED. HERE, THE PROTESTER, A UNION LOCAL REPRESENTING FEDERAL EMPLOYEES, IS NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR UNDER THE SOLICITATION BEING CHALLENGED. AS A RESULT, THE PROTESTER IS NOT AN INTERESTED PARTY ELIGIBLE TO MAINTAIN A PROTEST. NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES LOCAL R7-23, B-221713, APR. 3, 1986, 86-1 CPD PARA. 322.

THE PROTEST IS DISMISSED.