B-198375 L/M, MAY 8, 1980

B-198375 L/M, MAY 8, 1980

OFFICE OF GENERAL COUNSEL

FRANK PARKER:

THIS IS IN REFERENCE TO YOUR TELEGRAM OF APRIL 7, 1980, IN WHICH YOU CONTEND THAT BIDS SUBMITTED BY CONTINENTAL SERVICES, INC. WERE PREPARED AND SUBMITTED BY OTHER THAN A BONA FIDE EMPLOYEE OF CONTINENTAL AND THAT FIRM FAILED TO INDICATE THE EXISTENCE OF THIS ARRANGEMENT ON ITS BID AS REQUIRED BY STANDARD FORM 33. YOU ALSO CONTEND THAT CONTINENTAL IMPROPERLY USED A LARGE BUSINESS TO OBTAIN BONDING FOR ITS BID ON A PROCUREMENT SET ASIDE FOR SMALL BUSINESS.

OUR BID PROTEST PROCEDURES PROVIDE THAT A PARTY MUST BE "INTERESTED" IN ORDER THAT ITS PROTEST MIGHT BE CONSIDERED. 4 C.F.R. SEC. 20.1(A) (1980). (SEE BID PROTESTS AT GAO, COPY ENCLOSED).

YOU INDICATE THAT YOU WERE ASSOCIATED WITH CONTINENTAL AT THE TIME THE PROTESTED BIDS WERE SUBMITTED. HOWEVER, IT APPEARS THAT YOU NO LONGER ARE ASSOCIATED WITH CONTINENTAL, NOR DOES IT APPEAR THAT YOU ARE AUTHORIZED TO REPRESENT ANY OTHER FIRM WHICH WAS INVOLVED IN THE CITED PROCUREMENTS.

IT IS OUR POLICY THAT A PARTY BE "INTERESTED" TO INSURE THAT PARTY'S DILIGENT PARTICIPATION IN THE PROTEST PROCESS SO AS TO SHARPEN THE ISSUES AND PROVIDE A COMPLETE RECORD ON WHICH THE CORRECTNESS OF A CHALLENGED PROCUREMENT MAY BE DECIDED. TO ESTABLISH INTEREST, WE REQUIRE THAT A PARTY BE SUFFICIENTLY AFFECTED BY THE PROCUREMENT. IN THIS REGARD WE WILL NOT CONSIDER PROTESTS FILED BY INDIVIDUAL EMPLOYEES OF BIDDERS OR OFFERORS WHERE THE FIRM ITSELF HAS NOT PROTESTED NOR WILL WE CONSIDER PROTESTS FROM PRIVATE INDIVIDUALS ASSERTING THE "ASSUMED RIGHT OF ANY CITIZEN" TO FILE A PROTEST. SEE DALE CHLOUBER, B-190638, DECEMBER 20, 1977, 77-2 CPD 484. (COPY ENCLOSED).

WE WILL NOT CONSIDER YOUR PROTEST AS YOU DO NOT QUALIFY AS AN INTERESTED PARTY UNDER OUR PROCEDURES. HOWEVER, IF YOU ARE INTERESTED IN PURSUING THIS MATTER, WE SUGGEST YOU CONTACT THOSE AGENCIES WHICH CONDUCTED THE PROCUREMENTS.

WE HOPE THIS INFORMATION HAS BEEN USEFUL TO YOU.