B-223323, JUN 18, 1986, 86-1 CPD 572
Highlights
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - DIRECT INTEREST CRITERION DIGEST: A UNION LOCAL WHICH REPRESENTS FEDERAL EMPLOYEES IS NOT AN INTERESTED PARTY TO PROTEST THE CONTRACTING AGENCY'S DECISION TO CONTRACT FOR SERVICES RATHER THAN PERFORM THEM IN-HOUSE. SINCE IT IS NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR UNDER THE CHALLENGED SOLICITATION. THE PROTESTER CONTENDS THAT IT WAS NOT GIVEN THE OPPORTUNITY. IS NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR UNDER THE SOLICITATION BEING CHALLENGED. THE PROTESTER IS NOT AN INTERESTED PARTY ELIGIBLE TO MAINTAIN A PROTEST. THE PROTEST IS DISMISSED.
B-223323, JUN 18, 1986, 86-1 CPD 572
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - DIRECT INTEREST CRITERION DIGEST: A UNION LOCAL WHICH REPRESENTS FEDERAL EMPLOYEES IS NOT AN INTERESTED PARTY TO PROTEST THE CONTRACTING AGENCY'S DECISION TO CONTRACT FOR SERVICES RATHER THAN PERFORM THEM IN-HOUSE, SINCE IT IS NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR UNDER THE CHALLENGED SOLICITATION.
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES:
LOCAL 1662 OF THE AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES PROTESTS THE AWARD OF A CONTRACT UNDER SOLICITATION NO. DAHC44-86-B 0003, ISSUED BY THE DEPARTMENT OF THE ARMY (ARMY) FOR SHELF STOCKING AND CUSTODIAL SERVICES AT THE FORT HUACHUCA, ARIZONA COMMISSARY. THE PROTEST CONCERNS THE ARMY'S DECISION UNDER OFFICE OF MANAGEMENT AND BUDGET CIRCULAR NO. A- 76 TO CONTRACT FOR SERVICES RATHER THAN PERFORM THEM IN-HOUSE. THE PROTESTER CONTENDS THAT IT WAS NOT GIVEN THE OPPORTUNITY, AS REQUIRED BY ARMY REGULATIONS, TO PARTICIPATE IN THE COMMERCIAL ACTIVITIES STUDY AND, AS A RESULT, THE STUDY DID NOT SHOW THE GOVERNMENT'S MOST EFFICIENT ORGANIZATION.
WE DISMISS THE PROTEST.
UNDER THE COMPETITION IN CONTRACTING ACT OF 1984, 31 U.S.C.A. SEC. 3551 (2) (WEST SUPP. 1985), AND OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.0(A) (1986), A PROTEST MAY BE BROUGHT ONLY BY AN "INTERESTED PARTY," DEFINED AS AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OR FAILURE TO AWARD THE CONTRACT INVOLVED. HERE, THE PROTESTER, A UNION LOCAL REPRESENTING FEDERAL EMPLOYEES, IS NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR UNDER THE SOLICITATION BEING CHALLENGED. AS A RESULT, THE PROTESTER IS NOT AN INTERESTED PARTY ELIGIBLE TO MAINTAIN A PROTEST. AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES-- REQUEST FOR RECONSIDERATION, B-219590.3, MAY 6, 1986, 86-1 CPD PARA ***.
THE PROTEST IS DISMISSED.