B-218162, MAY 23, 1985, 85-1 CPD 593
Highlights
A POTENTIAL SUBCONTRACTOR-SUPPLIER IN A DIRECT FEDERAL PROCUREMENT IS NOT CONSIDERED AN INTERESTED PARTY AND. DOES NOT HAVE STANDING TO PROTEST. PROTESTS THAT THE SOLICITATION SPECIFICATIONS ARE INCONSISTENT WITH ITS FEDERAL-AGENCY APPROVED PREQUALIFICATION BROCHURE. A PROTESTER MUST BE AN INTERESTED PARTY IN THE PROCUREMENT IN ORDER TO HAVE ITS PROTEST CONSIDERED BY OUR OFFICE. WE WILL NOT CONSIDER SUBCONTRACTOR PROTESTS UNLESS THE SUBCONTRACT IS BY OR FOR THE GOVERNMENT. 4 C.F.R. SINCE THE PROTESTER IN THIS CASE IS A POTENTIAL SUBCONTRACTOR SUPPLIER AND NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR ON THE SUBJECT SOLICITATION. THE PROTESTER IS NOT AN INTERESTED PARTY AND ITS PROTEST WILL NOT BE CONSIDERED.
B-218162, MAY 23, 1985, 85-1 CPD 593
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - POTENTIAL SUBCONTRACTORS - RESTRICTIVE PROCUREMENT ALLEGATION DIGEST: UNDER THE COMPETITION IN CONTRACTING ACT OF 1984 AND THE GENERAL ACCOUNTING OFFICE IMPLEMENTING BID PROTEST REGULATIONS, A POTENTIAL SUBCONTRACTOR-SUPPLIER IN A DIRECT FEDERAL PROCUREMENT IS NOT CONSIDERED AN INTERESTED PARTY AND, THEREFORE, DOES NOT HAVE STANDING TO PROTEST.
POLYCON CORPORATION:
POLYCON CORPORATION (POLYCON) PROTESTS THE SPECIFICATIONS INCLUDED IN INVITATION FOR BIDS (IFB) 40650-85-B0047, ISSUED BY THE AIR FORCE SYSTEMS COMMAND FOR THE INSTALLATION OF A BUILDING HEATING SYSTEM AT ARNOLD AIR DEVELOPMENT CENTER, ARNOLD AIR FORCE STATION, TENNESSEE. POLYCON, A SUPPLIER OF UNDERGROUND HEAT DISTRIBUTION SYSTEMS AND A POTENTIAL SUBCONTRACTOR ON THE PROCUREMENT, PROTESTS THAT THE SOLICITATION SPECIFICATIONS ARE INCONSISTENT WITH ITS FEDERAL-AGENCY APPROVED PREQUALIFICATION BROCHURE.
UNDER OUR BID PROTEST REGULATIONS, A PROTESTER MUST BE AN INTERESTED PARTY IN THE PROCUREMENT IN ORDER TO HAVE ITS PROTEST CONSIDERED BY OUR OFFICE. SECTION 2741(A) OF THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA) (TO BE CODIFIED AT 31 U.S.C. SEC. 3551, ET SEQ.) DEFINES AN "INTERESTED PARTY" AS "AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF THE CONTRACT OR BY FAILURE TO AWARD THE CONTRACT." THIS STATUTORY DEFINITION HAS BEEN INCORPORATED IN OUR BID PROTEST REGULATIONS IMPLEMENTING CICA. 4 C.F.R. SEC 21.0(A) (1985). BASED ON THE PROVISIONS OF CICA, WE WILL NOT CONSIDER SUBCONTRACTOR PROTESTS UNLESS THE SUBCONTRACT IS BY OR FOR THE GOVERNMENT. 4 C.F.R. SEC. 21.2(F)(10) (1985).
SINCE THE PROTESTER IN THIS CASE IS A POTENTIAL SUBCONTRACTOR SUPPLIER AND NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR ON THE SUBJECT SOLICITATION, AND THE SOLICITATION DOES NOT INVOLVE A SUBCONTRACT BY OR FOR THE GOVERNMENT, THE PROTESTER IS NOT AN INTERESTED PARTY AND ITS PROTEST WILL NOT BE CONSIDERED. POLYCON CORPORATION, B-218304; B-218305, MAY 17, 1985, 64 COMP.GEN. ---, 85-1 CPD PARA. ---.
THE PROTEST IS DISMISSED.