B-217460, JAN 18, 1985, 85-1 CPD 66
Highlights
CONSULTING ORGANIZATION WHICH IS NOT ITSELF A POTENTIAL BIDDER AND WHICH FAILS TO IDENTIFY POTENTIAL BIDDER WHICH IT PURPORTS TO REPRESENT IS NOT AN INTERESTED PARTY UNDER GAO'S BID PROTEST PROCEDURES SINCE IT HAS NOT SHOWN A DIRECT INTEREST IN THE OUTCOME OF THE CHALLENGED PROCUREMENT. CONTRACTING OFFICER'S FAILURE TO PROVIDE SOLICITATION MAILING LIST TO CONSULTING ORGANIZATION IS A MINOR PROCUREMENT DEFICIENCY WHICH DOES NOT AFFECT THE VALIDITY OF AN OTHERWISE PROPERLY AWARDED CONTRACT. " AND AS A CONSULTING ORGANIZATION REPRESENTING A CLIENT WHO IS INTERESTED IN SUBMITTING A BID UNDER THE IFB. WHOSE IDENTITY IS NOT REVEALED. WHETHER A PARTY SATISFIES THE INTERESTED PARTY CRITERION DEPENDS ON THE DEGREE TO WHICH ITS INTEREST IS AFFECTED BY THE OUTCOME OF THE PROTEST.
B-217460, JAN 18, 1985, 85-1 CPD 66
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - DIRECT INTEREST CRITERION DIGEST: 1. CONSULTING ORGANIZATION WHICH IS NOT ITSELF A POTENTIAL BIDDER AND WHICH FAILS TO IDENTIFY POTENTIAL BIDDER WHICH IT PURPORTS TO REPRESENT IS NOT AN INTERESTED PARTY UNDER GAO'S BID PROTEST PROCEDURES SINCE IT HAS NOT SHOWN A DIRECT INTEREST IN THE OUTCOME OF THE CHALLENGED PROCUREMENT. BIDDERS - INVITATION RIGHT - MAILING LIST OMISSION 2. CONTRACTING OFFICER'S FAILURE TO PROVIDE SOLICITATION MAILING LIST TO CONSULTING ORGANIZATION IS A MINOR PROCUREMENT DEFICIENCY WHICH DOES NOT AFFECT THE VALIDITY OF AN OTHERWISE PROPERLY AWARDED CONTRACT.
DON STRICKLAND'S CONSULTANT AND ADVISORY SERVICE:
DON STRICKLAND'S CONSULTANT AND ADVISORY SERVICE PROTESTS THE AWARD OF ANY CONTRACT FOR LODGING ACCOMMODATIONS UNDER INVITATION FOR BIDS (IFB) NO. N62269-85-B-0109, ISSUED BY THE NAVAL AIR DEVELOPMENT CENTER, WARMINSTER, PA. STRICKLAND CONTENDS THAT THE CONTRACTING OFFICER REFUSED HIS REQUEST FOR A COPY OF THE SOLICITATION MAILING LIST FOR THIS PROCUREMENT. WE DISMISS THE PROTEST.
STRICKLAND DESCRIBES ITSELF AS A "CONCERNED AND INTERESTED PARTY," AND AS A CONSULTING ORGANIZATION REPRESENTING A CLIENT WHO IS INTERESTED IN SUBMITTING A BID UNDER THE IFB, BUT WHOSE IDENTITY IS NOT REVEALED. OUR BID PROTEST PROCEDURES, 4 C.F.R. SECS. 21.1(A) (1984), REQUIRE THAT A PARTY BE "INTERESTED" FOR ITS PROTEST TO BE CONSIDERED. WHETHER A PARTY SATISFIES THE INTERESTED PARTY CRITERION DEPENDS ON THE DEGREE TO WHICH ITS INTEREST IS AFFECTED BY THE OUTCOME OF THE PROTEST; AS A GENERAL RULE, WE HAVE LIMITED THE CLASS OF PARTIES ELIGIBLE TO PROTEST TO DISAPPOINTED BIDDERS OR OFFERORS. SEE, E.G., SAVE COLUMBIA COUNCIL, INC., B-211162, MAR. 31, 1983, 83-1 CPD PARA. 338.
VIEWED AS A PRIVATE PARTY WHICH IS NOT A POTENTIAL BIDDER, STRICKLAND IS NOT AN INTERESTED PARTY SINCE IT IS NOT DIRECTLY AFFECTED BY THE OUTCOME OF THE PROCUREMENT. SEE TURBINE ENGINE SERVICES, B-210411.2, APR. 3, 1984, 84-1 CPD PARA. 376. FURTHER, BY FAILING TO IDENTIFY THE CLIENT IT CLAIMS TO REPRESENT, STRICKLAND HAS FAILED TO SHOW THAT ITS PROTEST WAS FILED ON BEHALF OF AN INTERESTED PARTY. AS A RESULT, STRICKLAND DOES NOT QUALIFY AS AN INTERESTED PARTY UNDER OUR BID PROTEST PROCEDURES.
IN ANY EVENT, STRICKLAND'S SOLE CONTENTION IS THAT THE CONTRACTING OFFICER FAILED TO FURNISH IT A COPY OF THE SOLICITATION MAILING LIST, IN ACCORDANCE WITH FEDERAL ACQUISITION REGULATION SECS. 14-205.5(A), 48 FED.REG. 42,102, 42,176 (1983) (TO BE CODIFIED AT 48 C.F.R. SECS. 14 205.5(A)). EVEN ASSUMING THAT STRICKLAND'S CONTENTION IS ACCURATE, THE CONTRACTING OFFICER'S FAILURE TO FURNISH THE MAILING LIST IS A MINOR DEFICIENCY; IT DID NOT PREJUDICE ANY POTENTIAL BIDDER'S ABILITY TO SUBMIT A BID OR OTHERWISE AFFECT THE INTEGRITY OF THE PROCUREMENT PROCESS AND THUS WOULD NOT AFFECT THE VALIDITY OF AN OTHERWISE PROPERLY AWARDED CONTRACT.
THE PROTEST IS DISMISSED.