B-211862, SEP 26, 1983
Highlights
DIGEST: WHERE A LARGE BUSINESS PROTESTER IS INELIGIBLE FOR AWARD UNDER A TOTAL SMALL BUSINESS SET-ASIDE. GAO WILL NO CONSIDER ITS OBJECTIONS TO ALLEGED DEFICIENCIES IN THE SOLICITATION SINCE THE PROTESTER IS NOT AN INTERESTED PARTY THAT WOULD BE AFFECTED BY A RESOLUTION OF THE ISSUES. TRI-STATES NOW REQUESTS THAT THE SET-ASIDE BE MAINTAINED BUT CONTENDS THAT THE SOLICITATION IS UNDULY RESTRICTIVE OF COMPETITION AND SHOULD BE AMENDED TO ALSO PERMIT THE PROCUREMENT OF THE SERVICES FROM A CONTRACTOR-OWNED AND OPERATED FACILITY. WE HAVE BEEN ADVISED BY THE ARMY THAT THE SMALL BUSINESS ADMINISTRATION HAS DETERMINED THAT TRI-STATES IS OTHER THAN A SMALL BUSINESS. SINCE TRI- STATES IS INELIGIBLE FOR AWARD OF THIS CONTRACT.
B-211862, SEP 26, 1983
DIGEST: WHERE A LARGE BUSINESS PROTESTER IS INELIGIBLE FOR AWARD UNDER A TOTAL SMALL BUSINESS SET-ASIDE, GAO WILL NO CONSIDER ITS OBJECTIONS TO ALLEGED DEFICIENCIES IN THE SOLICITATION SINCE THE PROTESTER IS NOT AN INTERESTED PARTY THAT WOULD BE AFFECTED BY A RESOLUTION OF THE ISSUES.
TRI-STATES SERVICE COMPANY:
TRI-STATES SERVICE COMPANY PROTESTS INVITATION FOR BIDS (IFB) NO. DABT31- 83-B-0061, A 100-PERCENT SMALL BUSINESS SET-ASIDE, ISSUED BY THE DEPARTMENT OF THE ARMY FOR LAUNDRY SERVICES. THE SOLICITATION CONTEMPLATED A CONTRACT FOR THE OPERATION OF CERTAIN GOVERNMENT-OWNED, CONTRACTOR-OPERATED LAUNDRY FACILITIES. WHILE INITIALLY CHALLENGING THE PROPRIETY OF THE TOTAL SMALL BUSINESS SET-ASIDE, TRI-STATES NOW REQUESTS THAT THE SET-ASIDE BE MAINTAINED BUT CONTENDS THAT THE SOLICITATION IS UNDULY RESTRICTIVE OF COMPETITION AND SHOULD BE AMENDED TO ALSO PERMIT THE PROCUREMENT OF THE SERVICES FROM A CONTRACTOR-OWNED AND OPERATED FACILITY. TRI-STATES ALSO BELIEVES THAT CERTAIN MONTHLY ESTIMATES IN THE SOLICITATION SHOULD BE REVISED. WE DISMISS THE PROTEST.
WE HAVE BEEN ADVISED BY THE ARMY THAT THE SMALL BUSINESS ADMINISTRATION HAS DETERMINED THAT TRI-STATES IS OTHER THAN A SMALL BUSINESS. AS A CONSEQUENCE, TRI-STATES COULD NOT BE CONSIDERED FOR AWARD OF THIS CONTRACT BECAUSE OF THE SMALL BUSINESS SET-ASIDE.
OUR BID PROTEST PROCEDURES REQUIRE THAT A PARTY BE "INTERESTED" IN ORDER FOR ITS PROTEST TO BE CONSIDERED. 4 C.F.R. SEC. 21.1 (1983). SINCE TRI- STATES IS INELIGIBLE FOR AWARD OF THIS CONTRACT, WE DO NOT CONSIDER TRI- STATES AN "INTERESTED PARTY" SINCE A LARGE BUSINESS WOULD NOT BE AFFECTED BY THE RESOLUTION OF ISSUES UNDER A SMALL BUSINESS SET ASIDE. SEE CANADIAN COMMERCIAL CORPORATION, B-196111, MAY 29, 1980, 80-1 CPD 369.
THE PROTEST IS DISMISSED.