Bruce Bancroft--Agency Tender Official; Sam Rodriguez--Designated Employee Agent
B-400404.2,B-400404.3,B-400404.5, Oct 31, 2008
Bruce Bancroft, the agency tender official (ATO) for the U.S. Marine Corps Installation West's tender in a public-private competition under Office of Management and Budget (OMB) Circular A-76, and Sam Rodriquez--Designated Employee Agent, President of the American Federation of Government Employees Local 1881, protest various aspects of the pending competition being conducted by the Naval Facilities Engineering Command, Department of the Navy, for bulk fuel storage and distribution services at the Marine Corps Air Station, Miramar, California. The ATO and Rodriquez primarily argue that the Navy failed to complete the A-76 competition within the required statutory timeframe and thereby violated the associated limitation on expenditure of appropriated funds; the ATO also separately contends that the Navy cannot undertake the planned corrective action regarding its original selection decision of offeror Phoenix Management, Inc. (PMI) because, by the agency's own count, it is now beyond the statutory time period for completion of the A-76 competition study.
We dismiss the protests on the basis that the protesters do not qualify as "interested parties," as defined by applicable statute.