B-216380, DEC 4, 1984, 84-2 CPD

B-216380, DEC 4, 1984, 84-2 CPD

CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - DIRECT INTEREST CRITERION DIGEST: PROTESTER IS NOT AN "INTERESTED PARTY" UNDER GAO BID PROTEST PROCEDURES TO PROTEST THAT ANOTHER BIDDER OTHER THAN THE AWARDEE SHOULD HAVE BEEN AWARDED TWO CONTRACTS SINCE IT HAS NO DIRECT ECONOMIC INTEREST IN THE OUTCOME OF THE PROTEST.

STARWIN INDUSTRIES, INC.:

STARWIN INDUSTRIES, INC. (STARWIN) PROTESTS THE AWARD OF TWO CONTRACTS TO GUYTRONICS, INC., UNDER SOLICITATIONS NO. DLA400-84-B-4172 AND N0. DLA400 -84-B-5115 ISSUED BY THE DEFENSE GENERAL SUPPLY CENTER, DEFENSE LOGISTICS AGENCY (DLA), FOR THE PRODUCTION OF GUY ASSEMBLIES. STARWIN CONTENDS THAT ANOTHER BIDDER, R. A. MILLER INDUSTRIES, INC., SUBMITTED THE LOWEST BIDS AND SHOULD HAVE BEEN AWARDED BOTH CONTRACTS.

WE DISMISS THE PROTEST BECAUSE STARWIN IS NOT AN "INTERESTED PARTY" AS REQUIRED BY OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.1(A) (1984). WHETHER A PARTY IS SUFFICIENTLY INTERESTED DEPENDS UPON ITS STATUS IN RELATION TO THE PROCUREMENT, THE NATURE OF THE ISSUES RAISED, AND HOW THESE CIRCUMSTANCES SHOW THE EXISTENCE OF A DIRECT AND SUBSTANTIAL ECONOMIC INTEREST ON THE PART OF THE PROTESTER. SEE DIE MESH CORPORATION, 58 COMP.GEN. 111 (1978), 78-2 CPD PARA. 374. SINCE STARWIN HAS NO DIRECT ECONOMIC INTEREST IN PROTESTING THAT ANOTHER BIDDER SHOULD HAVE BEEN AWARDED THESE CONTRACTS, WE WILL NOT CONSIDER ITS PROTEST. SEE GREEN MOUNTAIN CABINS, INC., B-199669, FEB. 11, 1981, 81-1 CPD PARA. 91.

IN ANY EVENT, R. A. MILLER INDUSTRIES, INC., COULD NOT BE AWARDED THE CONTRACTS, BECAUSE THE CONTRACTING OFFICER FOUND MILLER TO BE NONRESPONSIBLE AND MILLER DECLINED TO APPLY TO THE SMALL BUSINESS ADMINISTRATION FOR A CERTIFICATE OF COMPETENCY. IN SUCH CASES, GAO WILL NOT REVIEW THE FINDING OF NONRESPONSIBILITY. OKAW INDUSTRIES, INC., B-214481, MAR. 13, 1984, 84-1 CPD PARA. 307.