B-222043, FEB 26, 1986, 86-1 CPD 201

B-222043: Feb 26, 1986

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CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - DIRECT INTEREST CRITERION DIGEST: TO BE CONSIDERED AN INTERESTED PARTY TO HAVE STANDING TO PROTEST UNDER THE COMPETITION IN CONTRACTING ACT OF 1984. WHICH IS NOT AN ACTUAL OR PROSPECTIVE BIDDER ITSELF. IS NOT AN INTERESTED PARTY. AN INTERESTED PARTY IS DEFINED IN THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA). THIS STATUTORY DEFINITION OF AN "INTERESTED PARTY" IS REFLECTED IN THE LANGUAGE OF OUR BID PROTEST REGULATIONS. INDUSTRIAL'S INTEREST AS SUPPLIER OF EQUIPMENT TO A BIDDER IS NOT SUFFICIENT FOR IT TO BE CONSIDERED AN INTERESTED PARTY. THE PROTEST IS DISMISSED.

B-222043, FEB 26, 1986, 86-1 CPD 201

CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - DIRECT INTEREST CRITERION DIGEST: TO BE CONSIDERED AN INTERESTED PARTY TO HAVE STANDING TO PROTEST UNDER THE COMPETITION IN CONTRACTING ACT OF 1984, AND GAO BID PROTEST REGULATIONS, A PARTY MUST BE AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF A CONTRACT OR THE FAILURE TO AWARD A CONTRACT. A MANUFACTURER WHICH MAY SUPPLY ITS PRODUCT TO BIDDERS IN A FEDERAL PROCUREMENT, BUT WHICH IS NOT AN ACTUAL OR PROSPECTIVE BIDDER ITSELF, IS NOT AN INTERESTED PARTY.

INDUSTRIAL COMBUSTION:

INDUSTRIAL COMBUSTION (INDUSTRIAL) PROTESTS ALLEGED IRREGULARITIES IN CONNECTION WITH THE ARMY MATERIEL COMMAND'S (AMC) AWARD OF A CONTRACT TO FABRICATED PRODUCTS COMPANY (FABRICATED) FOR BURNERS.

WE DISMISS THE PROTEST.

FABRICATED, THE LOW BIDDER, SUBMITTED A BID OFFERING EITHER EQUIPMENT MANUFACTURED BY INDUSTRIAL OR ANOTHER MANUFACTURER. INDUSTRIAL MAINTAINS THAT AMC IMPROPERLY MADE AWARD TO FABRICATED ON THE BASIS OF THE OTHER MANUFACTURER'S EQUIPMENT INSTEAD OF INDUSTRIAL'S LOWER PRICED EQUIPMENT WHICH SATISFIED AMC'S REQUIREMENTS.

AN INTERESTED PARTY IS DEFINED IN THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA), 31 U.S.C. SEC. 3551(A) (WEST SUPP. 1985), AS AN "ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF THE CONTRACT." THIS STATUTORY DEFINITION OF AN "INTERESTED PARTY" IS REFLECTED IN THE LANGUAGE OF OUR BID PROTEST REGULATIONS, WHICH IMPLEMENT THE CICA. 4 C.F.R. SEC. 21.0(A) (1985). ACCORDINGLY, WITH RESPECT TO ALL BID PROTESTS FILED ON OR AFTER JANUARY 15, 1985, THE EFFECTIVE DATE OF THIS AUTHORITY, ONLY PROTESTS INVOLVING A DIRECT FEDERAL PROCUREMENT FILED BY A PARTY THAT COMES WITHIN THE STATUTORY DEFINITION OF AN INTERESTED PARTY CAN BE CONSIDERED. SEE STACOR CORPORATION, B-220390, NOV. 4, 1985, 85-2 CPD PARA. 521; PACIFIC ALLIED PRODUCTS, LTD., B-220181, B-220182, OCT. 18, 1985, 85-2 CPD PARA. 424; POLYCON CORP., B-218304; B-218305, MAY 17, 1985, 64 COMP.GEN. ---, 85-1 CPD PARA. 567. UNDER CICA AND OUR IMPLEMENTING BID PROTEST REGULATIONS, INDUSTRIAL'S INTEREST AS SUPPLIER OF EQUIPMENT TO A BIDDER IS NOT SUFFICIENT FOR IT TO BE CONSIDERED AN INTERESTED PARTY.

THE PROTEST IS DISMISSED.