B-225810, MAR 23, 1987, 87-1 CPD 333
Highlights
THE FIRM IS NOT ELIGIBLE FOR AWARD OF A GOVERNMENT CONTRACT. WILKINSON COMPLAINS THAT EVEN THOUGH IT IS THE INCUMBENT CONTRACTOR. A PROTESTING PARTY MUST HAVE SOME LEGITIMATE INTEREST IN THE MATTER BEFORE THIS OFFICE WILL CONSIDER THE PROTEST. 4 C.F.R. A FIRM FOR WHICH DEBARMENT PROCEEDINGS HAVE BEEN INITIATED IS PRECLUDED FROM RECEIVING ANY GOVERNMENT CONTRACT AWARDS PENDING A FINAL DEBARMENT DECISION. WE THEREFORE WILL NOT CONSIDER WILKINSON'S PROTEST ON THE MERITS BECAUSE. EVEN IF WE WERE TO SUSTAIN IT. WILKINSON IS NOT ELIGIBLE TO RECEIVE AN AWARD UNDER THE PROTESTED SOLICITATION. THE PROTEST IS DISMISSED.
B-225810, MAR 23, 1987, 87-1 CPD 333
PROCUREMENT - BID PROTESTS - GAO PROCEDURES - INTERESTED PARTIES - SUSPENDED-DEBARRED CONTRACTORS DIGEST: GENERAL ACCOUNTING OFFICE DISMISSES PROTEST WHERE DEBARMENT PROCEEDING AGAINST THE PROTESTER HAS BEEN INITIATED, BECAUSE PENDING A DEBARMENT DECISION, THE FIRM IS NOT ELIGIBLE FOR AWARD OF A GOVERNMENT CONTRACT.
WILKINSON MANUFACTURING COMPANY:
WILKINSON MANUFACTURING COMPANY PROTESTS THE AWARD OF ANY CONTRACT UNDER INVITATION FOR BIDS (IFB) NO. DAAA09-86-B-0323, ISSUED BY THE DEPARTMENT OF THE ARMY'S ARMAMENT, MUNITIONS & CHEMICAL COMMAND, ROCK ISLAND, ILLINOIS, FOR A QUANTITY OF 60 MM (MILLIMETER) MORTARS. WILKINSON COMPLAINS THAT EVEN THOUGH IT IS THE INCUMBENT CONTRACTOR, THE AGENCY FAILED TO PROVIDE IT WITH A COPY OF THE SOLICITATION BEFORE BID OPENING DATE. THE PROTESTER REQUESTS THAT THE SOLICITATION BE CANCELED TO ALLOW ITS INCLUSION IN A RESOLICITATION.
THE AGENCY INFORMS US THAT ON FEBRUARY 27, THE ARMY FORMALLY INITIATED DEBARMENT PROCEEDINGS AGAINST WILKINSON. UNDER OUR BID PROTEST REGULATIONS, A PROTESTING PARTY MUST HAVE SOME LEGITIMATE INTEREST IN THE MATTER BEFORE THIS OFFICE WILL CONSIDER THE PROTEST. 4 C.F.R. SEC. 21.1(A) (1986). A FIRM FOR WHICH DEBARMENT PROCEEDINGS HAVE BEEN INITIATED IS PRECLUDED FROM RECEIVING ANY GOVERNMENT CONTRACT AWARDS PENDING A FINAL DEBARMENT DECISION. AN AGENCY MAY NOT EVEN SOLICIT OFFERS FROM SUCH A CONTRACTOR PENDING A DEBARMENT DECISION. SEE FEDERAL ACQUISITION REGULATION, 48 C.F.R. SEC. 9.406-3(C)(7) (1986).
WE THEREFORE WILL NOT CONSIDER WILKINSON'S PROTEST ON THE MERITS BECAUSE, EVEN IF WE WERE TO SUSTAIN IT, WILKINSON IS NOT ELIGIBLE TO RECEIVE AN AWARD UNDER THE PROTESTED SOLICITATION. SEMTEX INDUSTRIAL CORP., 65 COMP.GEN. 503 (1986), 86-1 CPD PARA. 367.
THE PROTEST IS DISMISSED.