B-216420, JAN 16, 1985, 85-1 CPD 40
Highlights
PROTEST IS DISMISSED SINCE SECOND LOW OFFEROR. DID MAKE THE SITE INSPECTION AND WAS IN LINE FOR AWARD EVEN IF THE LOW OFFEROR WAS NOT. DOES NOT HAVE THE REQUISITE DIRECT AND SUBSTANTIAL INTEREST WITH REGARD TO AWARD TO BE REGARDED AS AN "INTERESTED PARTY" UNDER OUR BID PROTEST PROCEDURES. THE ABOVE RFQ WAS ISSUED ON AUGUST 14. FOUR QUOTATIONS WERE RECEIVED BEFORE THE SCHEDULED DUE DATE OF SEPTEMBER 1. TODD'S QUOTATION WAS THIRD LOW. TODD FILED A PROTEST WITH OUR OFFICE ARGUING THAT NEITHER ELITE NOR NORTHERN VIRGINIA IS ENTITLED TO THE AWARD SINCE NEITHER OF THESE FIRMS ATTENDED THE TOUR OF INSPECTION REQUIRED BY THE SPECIFICATIONS. TODD IS NOT ELIGIBLE TO MAINTAIN THIS PROTEST. IN ORDER TO HAVE ITS PROTEST CONSIDERED BY OUR OFFICE.
B-216420, JAN 16, 1985, 85-1 CPD 40
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - PROTESTER NOT IN LINE FOR AWARD DIGEST: WHERE THIRD LOW OFFEROR PROTESTS AGAINST AWARD TO EITHER FIRST OR SECOND LOW OFFEROR ON BASIS THAT NEITHER OFFEROR ATTENDED PREBID SITE INSPECTION, PROTEST IS DISMISSED SINCE SECOND LOW OFFEROR, IN FACT, DID MAKE THE SITE INSPECTION AND WAS IN LINE FOR AWARD EVEN IF THE LOW OFFEROR WAS NOT. THEREFORE, THE PROTESTER, BEING THE THIRD LOW OFFEROR, DOES NOT HAVE THE REQUISITE DIRECT AND SUBSTANTIAL INTEREST WITH REGARD TO AWARD TO BE REGARDED AS AN "INTERESTED PARTY" UNDER OUR BID PROTEST PROCEDURES.
TODD VAN & STORAGE, INC.:
TODD VAN & STORAGE, INC. (TODD), PROTESTS THE AWARD OF A CONTRACT TO ANY OTHER FIRM UNDER REQUEST FOR QUOTATIONS (RFQ) NNSM84-200, ISSUED BY THE NATIONAL ARCHIVES AND RECORDS SERVICE (NARS), GENERAL SERVICES ADMINISTRATION (GSA).
THE ABOVE RFQ WAS ISSUED ON AUGUST 14, 1984, AND REQUESTED QUOTATIONS FOR MOVING SUBSTANTIAL NUMBERS OF AUDIOVISUAL AND TEXTUAL RECORDS FROM ONE STACK TO ANOTHER WITHIN THE MAIN NATIONAL ARCHIVES BUILDING AT 7TH AND PENNSYLVANIA AVENUE, N.W., WASHINGTON, D.C. FOUR QUOTATIONS WERE RECEIVED BEFORE THE SCHEDULED DUE DATE OF SEPTEMBER 1, 1984. ELITE MOVING AND STORAGE, INC. (ELITE), SUBMITTED THE LOW QUOTATION WHILE NORTHERN VIRGINIA VAN COMPANY (NORTHERN VIRGINIA) SUBMITTED THE SECOND LOW QUOTATION. TODD'S QUOTATION WAS THIRD LOW. ON SEPTEMBER 13, 1984, NARS PLACED AN ORDER WITH ELITE TO PERFORM THE CONTRACT WORK. TODD FILED A PROTEST WITH OUR OFFICE ARGUING THAT NEITHER ELITE NOR NORTHERN VIRGINIA IS ENTITLED TO THE AWARD SINCE NEITHER OF THESE FIRMS ATTENDED THE TOUR OF INSPECTION REQUIRED BY THE SPECIFICATIONS.
TODD IS NOT ELIGIBLE TO MAINTAIN THIS PROTEST. A PARTY MUST BE AN "INTERESTED PARTY" UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SECS. 21.1(A) (1984), IN ORDER TO HAVE ITS PROTEST CONSIDERED BY OUR OFFICE. DETERMINING WHETHER A PARTY IS SUFFICIENTLY INTERESTED INVOLVES CONSIDERATION OF THE PARTY'S STATUS IN RELATION TO THE PROCUREMENT AND THE ISSUES INVOLVED. THERM-AIR MFG. CO., INC., B-195401.2, FEB. 11, 1980, 80-1 CPD PARA. 119.
ACCORDING TO GSA, NORTHERN VIRGINIA'S REPRESENTATIVE, IN FACT, DID MAKE THE INSPECTION TOUR. SINCE NORTHERN VIRGINIA'S QUOTATION WAS SECOND LOW AND TODD'S QUOTATION THIRD LOW, TODD WAS NEVER IN LINE FOR THE AWARD AND, THEREFORE, NOT AN "INTERESTED PARTY." SEE INTERNATIONAL BUSINESS INVESTMENTS, B-202164.2, JUNE 8, 1981, 81-1 CPD PARA. 459. IN ANY EVENT, AS POINTED OUT BY GSA, THE FAILURE TO MAKE A SITE INSPECTION, EVEN WHERE THE SOLICITATION SO REQUIRES, PROVIDES NO BASIS TO REJECT AN OTHERWISE RESPONSIVE BID. ROWE CONTRACTING SERVICE, INC., B-200594, JAN. 22, 1981, 81-1 CPD PARA. 40.
THE PROTEST IS DISMISSED.