B-221713, APR 3, 1986, 86-1 CPD 322
Highlights
UNION LOCAL REPRESENTING FEDERAL EMPLOYEES THEREFORE IS NOT AN INTERESTED PARTY TO PROTEST A CONTRACTING AGENCY'S DECISION TO CONTRACT FOR SERVICES RATHER THAN TO PERFORM THEM IN-HOUSE. SINCE THE UNION IS NOT AN ACTUAL OR PROSPECTIVE OFFEROR. AN INTERESTED PARTY IS DEFINED AS AN ACTUAL OR PROSPECTIVE OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF. WAS NOT AN ACTUAL OR PROSPECTIVE OFFEROR UNDER THE SOLICITATION BEING CHALLENGED. THE PROTESTER IS NOT AN INTERESTED PARTY ELIGIBLE TO FILE A PROTEST. THE PROTEST IS THEREFORE IS DISMISSED.
B-221713, APR 3, 1986, 86-1 CPD 322
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - TRADE ASSOCIATIONS, ETC. DIGEST: PROTESTER, TO BE AN INTERESTED PARTY UNDER THE COMPETITION IN CONTRACTING ACT OF 1984 AND GAO'S BID PROTEST REGULATIONS, MUST BE AN ACTUAL OR PROSPECTIVE OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF, OR FAILURE TO AWARD THE CONTRACT INVOLVED. UNION LOCAL REPRESENTING FEDERAL EMPLOYEES THEREFORE IS NOT AN INTERESTED PARTY TO PROTEST A CONTRACTING AGENCY'S DECISION TO CONTRACT FOR SERVICES RATHER THAN TO PERFORM THEM IN-HOUSE, SINCE THE UNION IS NOT AN ACTUAL OR PROSPECTIVE OFFEROR.
NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES LOCAL R7-23:
THE NATIONAL ASSOCIATION OF GOVERNMENT EMPLOYEES LOCAL R7-23, AS THE EXCLUSIVE REPRESENTATIVE OF THE AFFECTED FEDERAL EMPLOYEES, PROTESTS THE DEPARTMENT OF THE AIR FORCE'S PROPOSED AWARD OF A CONTRACT FOR COMMISSARY SHELF STOCKING AND CUSTODIAL SERVICES AT SCOTT AIR FORCE BASE RATHER THAN MAINTAINING THE SERVICES IN-HOUSE. THE PROTESTER CHALLENGES THE GOVERNMENT'S COMPARISON OF OFFERS RECEIVED UNDER REQUEST FOR PROPOSALS NO. F11623-85-R-0015 WITH THE GOVERNMENT'S ESTIMATE OF THE COSTS OF PERFORMANCE, AS WELL AS THE REALISM OF THE PRICES PROPOSED BY THE PROSPECTIVE AWARDEE.
UNDER THE COMPETITION IN CONTRACTING ACT OF 1984, 31 U.S.C.A. SEC. 3551(A)(2) (WEST SUPP. 1985), AND OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.0(A) (1985), ONLY AN "INTERESTED PARTY" MAY FILE A PROTEST WITH THIS OFFICE. AN INTERESTED PARTY IS DEFINED AS AN ACTUAL OR PROSPECTIVE OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF, OR FAILURE TO AWARD, THE CONTRACT INVOLVED. HERE, THE PROTESTER, A UNION LOCAL REPRESENTING FEDERAL EMPLOYEES, WAS NOT AN ACTUAL OR PROSPECTIVE OFFEROR UNDER THE SOLICITATION BEING CHALLENGED. AS A RESULT, THE PROTESTER IS NOT AN INTERESTED PARTY ELIGIBLE TO FILE A PROTEST. FEDERAL EMPLOYEES METAL TRADES COUNCIL, SAVE OUR JOBS COMMITTEE, 64 COMP.GEN. 244 (1985), 85-1 CPD PARA. 151; NATIONAL FEDERATION OF FEDERAL EMPLOYEES LOCAL 2049, B-220838, OCT. 23, 1985, 85-2 CPD PARA. 454.
THE PROTEST IS THEREFORE IS DISMISSED.