B-220278, NOV 13, 1985, 85-2 CPD 549
Highlights
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - DIRECT INTEREST CRITERION DIGEST: CONSULTING FIRM WHICH IS NOT A POTENTIAL BIDDER IS NOT AN INTERESTED PARTY UNDER GAO'S BID PROTEST PROCEDURES. IS UNDULY RESTRICTIVE OF COMPETITION. THE PROTEST WAS FILED BY DON STRICKLAND'S CONSULTANT AND ADVISORY SERVICE. WHICH WAS DESCRIBED IN THE PROTEST AS "A SMALL BUSINESS. THE RECORD SHOWS THAT PRISCIDON AND STRICKLAND ARE THE SAME ENTITY. PRISCIDON IS PROTESTING ON BEHALF OF AN UNIDENTIFIED THIRD PARTY. PRISCIDON AND STRICKLAND ARE CONSULTING FIRMS LOCATED IN NORTH CAROLINA. AN INTERESTED PARTY IS DEFINED AS "AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF A CONTRACT OR BY THE FAILURE TO AWARD A CONTRACT." 4 C.F.R.
B-220278, NOV 13, 1985, 85-2 CPD 549
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - DIRECT INTEREST CRITERION DIGEST: CONSULTING FIRM WHICH IS NOT A POTENTIAL BIDDER IS NOT AN INTERESTED PARTY UNDER GAO'S BID PROTEST PROCEDURES.
PRISCIDON ENTERPRISES, INC.:
PRISCIDON ENTERPRISES, INC. PROTESTS THAT INVITATION FOR BIDS (IFB) NO. DAKF15-86-B-0001, ISSUED BY THE DEPARTMENT OF THE ARMY, FORT SHERIDAN, CHICAGO, IS UNDULY RESTRICTIVE OF COMPETITION. THE IFB SOLICITED TO PROVIDE MEALS, LODGING AND TRANSPORTATION FOR RECRUITS AT THE CHICAGO MILITARY ENTRANCE PROCESSING STATION. ACCORDING TO THE PROTESTER, THE IFB UNDULY RESTRICTS COMPETITION TO FIRMS THAT CAN PROVIDE FACILITIES WITHIN A LIMITED GEOGRAPHICAL "AREA OF CONSIDERATION." WE DISMISS THE PROTEST.
THE PROTEST WAS FILED BY DON STRICKLAND'S CONSULTANT AND ADVISORY SERVICE, ON BEHALF OF PRISCIDON, WHICH WAS DESCRIBED IN THE PROTEST AS "A SMALL BUSINESS, AN INTERESTED PARTY AND A PROSPECTIVE OFFEROR." HOWEVER, THE RECORD SHOWS THAT PRISCIDON AND STRICKLAND ARE THE SAME ENTITY, THAT PRISCIDON HAS NO INTENTION OF COMPETING FOR THE CONTRACT, AND THAT, AT MOST, PRISCIDON IS PROTESTING ON BEHALF OF AN UNIDENTIFIED THIRD PARTY. PRISCIDON AND STRICKLAND ARE CONSULTING FIRMS LOCATED IN NORTH CAROLINA.
OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.1(A) (1985), REQUIRE THAT A PARTY BE "INTERESTED" FOR ITS PROTEST TO BE CONSIDERED. AN INTERESTED PARTY IS DEFINED AS "AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF A CONTRACT OR BY THE FAILURE TO AWARD A CONTRACT." 4 C.F.R. SEC. 21.0(A). THIS PROTEST WAS FILED IN THE NAME OF PRISCIDON ENTERPRISES, NOT IN THE NAME OF ANY THIRD PARTY THAT PRISCIDON MAY REPRESENT. PRISCIDON, HOWEVER, IS NOT A POTENTIAL BIDDER ON THIS SOLICITATION FOR HOTEL SERVICES IN CHICAGO AND IS NOT, THEREFORE, AN INTERESTED PARTY. DON STRICKLAND'S CONSULTANT AND ADVISORY SERVICE, B-217460, JAN. 18, 1985, 85-1 CPD PARA. 66.
THE PROTEST IS DISMISSED.