B-219629, AUG 9, 1985, 85-2 CPD 156
Highlights
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - PROTESTER NOT IN LINE FOR AWARD DIGEST: PROTEST FROM FIRM NOT IN LINE FOR AWARD IF PROTEST IS UPHELD IS DISMISSED BECAUSE PROTESTER DOES NOT HAVE REQUISITE DIRECT ECONOMIC INTEREST TO BE CONSIDERED AN "INTERESTED PARTY" UNDER GAO BID PROTEST REGULATIONS. THE NAVY HAS SUBMITTED THE ABSTRACT OF BIDS FOR THIS PROCUREMENT WHICH SHOWS THAT STEEL IS THE FIFTH. A PARTY MUST BE "INTERESTED" BEFORE WE WILL CONSIDER ITS PROTEST. 4 C.F.R. WE HAVE HELD THAT A PROTESTER IS NOT INTERESTED IF IT WOULD NOT BE IN LINE FOR AWARD IF ITS PROTEST WERE UPHELD. WOULD REMAIN ELIGIBLE FOR AWARD EVEN IF STEEL'S PROTEST AGAINST THE AWARD TO THE THREE LOW BIDDERS WERE SUCCESSFUL.
B-219629, AUG 9, 1985, 85-2 CPD 156
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - PROTESTER NOT IN LINE FOR AWARD DIGEST: PROTEST FROM FIRM NOT IN LINE FOR AWARD IF PROTEST IS UPHELD IS DISMISSED BECAUSE PROTESTER DOES NOT HAVE REQUISITE DIRECT ECONOMIC INTEREST TO BE CONSIDERED AN "INTERESTED PARTY" UNDER GAO BID PROTEST REGULATIONS.
STEEL STYLE, INC:
STEEL STYLE, INC. (STEEL), PROTESTS THE AWARD OF A CONTRACT TO ANY OF THE THREE LOW BIDDERS UNDER INVITATION FOR BIDS (IFB) NO. N62472-83 B-1470, ISSUED BY THE DEPARTMENT OF THE NAVY TO PROCURE TWO 100-TON FLOATING CRANE BARGES. WE DISMISS THE PROTEST.
SECTION "K" OF THE IFB REQUIRED BIDDERS TO INSERT THE NAME OF THE PRINCIPLE MANUFACTURER OF THE BARGES AND THE PLACE WHERE THE BARGES WOULD BE MANUFACTURED FOR THE PURPOSE OF GOVERNMENT INSPECTION AND ACCEPTANCE. STEEL CONTENDS THAT THE FIRST THREE LOW BIDDERS DID NOT SUPPLY THIS INFORMATION AND THAT THEIR BIDS THEREFORE MUST BE REJECTED. STEEL ASSERTS THAT, AS THE FOURTH LOW BIDDER, IT SHOULD BE AWARDED THE CONTRACT.
THE NAVY HAS SUBMITTED THE ABSTRACT OF BIDS FOR THIS PROCUREMENT WHICH SHOWS THAT STEEL IS THE FIFTH, RATHER THAN THE FOURTH, LOW BIDDER. UNDER OUR BID PROTEST REGULATIONS, A PARTY MUST BE "INTERESTED" BEFORE WE WILL CONSIDER ITS PROTEST. 4 C.F.R. SEC. 21.1(A) (1985). WE HAVE HELD THAT A PROTESTER IS NOT INTERESTED IF IT WOULD NOT BE IN LINE FOR AWARD IF ITS PROTEST WERE UPHELD. CENTRAL AIR SERVICE, INC., B-218833.2, MAY 21, 1985, 85-1 CPD PARA. 580. SINCE AT LEAST ONE OTHER BIDDER-- THE FOURTH LOW BIDDER-- WOULD REMAIN ELIGIBLE FOR AWARD EVEN IF STEEL'S PROTEST AGAINST THE AWARD TO THE THREE LOW BIDDERS WERE SUCCESSFUL, STEEL IS NOT AN INTERESTED PARTY TO PROTEST AND ITS ALLEGATIONS WILL NOT BE CONSIDERED ON THE MERITS.
IN ANY EVENT, THE NAVY HAS SUBMITTED SECTION "K" OF THE LOW BIDDER'S BID, AND IT APPEARS THAT THIS SECTION WAS PROPERLY COMPLETED.
THE PROTEST IS DISMISSED.