B-222823, B-222846, B-222897, APR 30, 1986
Highlights
CONTRACTORS DIGEST: A COMPANY PROPOSED FOR DEBARMENT AND THEN DEBARRED IS NOT ELIGIBLE TO COMPETE FOR OR TO BE AWARDED GOVERNMENT CONTRACTS AND IS NOT AN INTERESTED PARTY ENTITLED TO PROTEST TO THE GENERAL ACCOUNTING OFFICE. ALLEGING THAT AMERICAN COMPANIES WERE PRECLUDED FROM COMPETING. WAS DEBARRED FROM JUNE 5. WERE PROPOSED FOR DEBARMENT FOR AN ADDITIONAL 3 YEAR PERIOD. WAS NOT ELIGIBLE TO BID ON OR TO RECEIVE GOVERNMENT CONTRACTS. SINCE DEBARMENT GENERALLY IS EFFECTIVE THROUGHOUT THE EXECUTIVE BRANCH. IS NOT NOW ELIGIBLE FOR AWARD. WAS NOT AND IS NOT ELIGIBLE FOR AWARD IN CONNECTION WITH ANY OF THE PROTESTED MATTERS. IT IS NOT AN INTERESTED PARTY UNDER OUR BID PROTEST REGULATIONS ENTITLED TO MAINTAIN A PROTEST.
B-222823, B-222846, B-222897, APR 30, 1986
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - SUSPENDED, DEBARRED, ETC. CONTRACTORS DIGEST: A COMPANY PROPOSED FOR DEBARMENT AND THEN DEBARRED IS NOT ELIGIBLE TO COMPETE FOR OR TO BE AWARDED GOVERNMENT CONTRACTS AND IS NOT AN INTERESTED PARTY ENTITLED TO PROTEST TO THE GENERAL ACCOUNTING OFFICE.
S.A.F.E. EXPORT CORPORATION:
S.A.F.E. EXPORT CORPORATION PROTEST 1) THE REFUSAL OF THE U.S. ARMY CONTRACTING AGENCY, EUROPE (B-222897) TO FURNISH IT A COPY OF REQUEST FOR PROPOSALS NO. DAJA37-86-R-0520 AND 2) THE MESSAGE ALLEGEDLY SENT BY THE DEPARTMENT OF STATE TO ITS EUROPEAN AND AFRICAN POSTS INSTRUCTING ITS PERSONNEL NOT TO CONTRACT WITH S.A.F.E. (B-222846). IN ADDITION, S.A.F.E. PROTESTS A PROCUREMENT BY THE AMERICAN CONSULATE IN FRANKFURT, WEST GERMANY (B-222823), ALLEGING THAT AMERICAN COMPANIES WERE PRECLUDED FROM COMPETING.
S.A.F.E. WAS DEBARRED FROM JUNE 5, 1984 THROUGH FEBRUARY 10, 1986. FEBRUARY 7, 1986, S.A.F.E., ALONG WITH ITS PRESIDENT AND AFFILIATED COMPANY, S.A.F.E. OHG, WERE PROPOSED FOR DEBARMENT FOR AN ADDITIONAL 3 YEAR PERIOD. ON MARCH 28, 1986, THE ARMY IMPOSED THE DEBARMENT, RETROACTIVE TO FEBRUARY 10. AS A COMPANY PROPOSED FOR DEBARMENT, S.A.F.E. WAS NOT ELIGIBLE TO BID ON OR TO RECEIVE GOVERNMENT CONTRACTS. SEE S.A.F.E. EXPORT CORP., B-222308 ET AL., APR 28, 1986, 86-1 CPD PARA. ***. IN ADDITION, SINCE DEBARMENT GENERALLY IS EFFECTIVE THROUGHOUT THE EXECUTIVE BRANCH, FEDERAL ACQUISITION REGULATION, 48 C.F.R. SEC. 9.406- 1(C) (1984), S.A.F.E., AS A DEBARRED BIDDER, IS NOT NOW ELIGIBLE FOR AWARD.
SINCE S.A.F.E. WAS NOT AND IS NOT ELIGIBLE FOR AWARD IN CONNECTION WITH ANY OF THE PROTESTED MATTERS, IT IS NOT AN INTERESTED PARTY UNDER OUR BID PROTEST REGULATIONS ENTITLED TO MAINTAIN A PROTEST. SEE 4 C.F.R. SECS. 21.0(A), 21.1(A) (1985); ROYAL FLUSH JANITORIAL SERVICES, B-220410, NOV. 13, 1985, 85-2 CPD PARA. 552.
THE PROTESTS ARE DISMISSED