B-214641, JUL 24, 1984, 84-2 CPD 103
Highlights
CONTRACTORS DIGEST: DEBARRED BIDDER IS NOT AN INTERESTED PARTY UNDER GAO'S BID PROTEST PROCEDURES SINCE DEBARMENT PRECLUDES ANY POSSIBILITY OF AWARD. HERTZLER WAS DEBARRED FOR VIOLATING THE AGREEMENTS AND REPRESENTATIONS REQUIRED BY THE WALSH - HEALEY ACT OF JUNE 30. " AND THUS IS PROHIBITED FROM CONTRACTING WITH THE GOVERNMENT. OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTESTING PARTY HAVE SOME LEGITIMATE INTEREST IN THE MATTER BEFORE WE WILL CONSENT TO CONSIDER THE PROTEST. 4 C.F.R. EVEN IF ITS PROTEST WERE TO BE SUSTAINED. WE WILL NOT CONSIDER THE PROTEST. THE PROTEST IS DISMISSED.
B-214641, JUL 24, 1984, 84-2 CPD 103
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - SUSPENDED, DEBARRED, ETC. CONTRACTORS DIGEST: DEBARRED BIDDER IS NOT AN INTERESTED PARTY UNDER GAO'S BID PROTEST PROCEDURES SINCE DEBARMENT PRECLUDES ANY POSSIBILITY OF AWARD, THEREFORE RENDERING RESOLUTION OF THE PROTEST ACADEMIC.
HERTZLER ENTERPRISES, INC., DBA SANDIA DIE AND CARTRIDGE:
HERTZLER ENTERPRISES, INC., DBA SANDIA DIE AND CARTRIDGE, HAS PROTESTED THE DEPARTMENT OF ENERGY'S FAILURE TO SOLICIT A BID FROM THE FIRM UNDER INVITATION FOR BIDS (IFB) NO. DE-FB04-84AL25988. HERTZLER ALLEGES THAT THE AGENCY DID NOT INCLUDE THE FIRM ON THE BIDDERS LIST DELIBERATELY AND THUS PREVENTED IT FROM ANY OPPORTUNITY OF COMPETING FOR THE SUBSEQUENT CONTRACT AWARD.
ON DECEMBER 9, 1983, HERTZLER WAS DEBARRED FOR VIOLATING THE AGREEMENTS AND REPRESENTATIONS REQUIRED BY THE WALSH - HEALEY ACT OF JUNE 30, 1936, 41 U.S.C. SECS. 35-45 (1982). ACCORDINGLY, THE FIRM HAS BEEN PLACED ON THE "CONSOLIDATED LIST OF PERSONS OR FIRMS CURRENTLY DEBARRED FOR VIOLATIONS OF VARIOUS PUBLIC CONTRACT ACTS INCORPORATING LABOR STANDARDS PROVISIONS," AND THUS IS PROHIBITED FROM CONTRACTING WITH THE GOVERNMENT.
OUR BID PROTEST PROCEDURES REQUIRE THAT A PROTESTING PARTY HAVE SOME LEGITIMATE INTEREST IN THE MATTER BEFORE WE WILL CONSENT TO CONSIDER THE PROTEST. 4 C.F.R. SEC. 21.1(A) (1984). HERE, HERTZLER'S DEBARMENT PRECLUDES THE FIRM FROM ANY POSSIBILITY OF AN AWARD, EVEN IF ITS PROTEST WERE TO BE SUSTAINED, THEREFORE RENDERING RESOLUTION OF THE PROTEST ACADEMIC. ARCHIE D. PARKER, B-206078, AUG. 24, 1982, 82-2 CPD PARA. 172. WE WILL NOT CONSIDER THE PROTEST.
THE PROTEST IS DISMISSED.