B-230266.2, Jun 22, 1988, 88-1 CPD 598
Highlights
PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: General Accounting Office will not consider a protest filed by a debarred contractor because it is not an interested party since it is ineligible to receive an award even if the protest were sustained. Was initially found nonresponsible and was referred to the Small Business Administration (SBA) for a certificate of competency (COC). We have been advised that ICE was debarred by the Executive Branch. A debarred contractor is not eligible to receive a contract. An interested party is defined as an "actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract." 4 C.F.R.
B-230266.2, Jun 22, 1988, 88-1 CPD 598
PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: General Accounting Office will not consider a protest filed by a debarred contractor because it is not an interested party since it is ineligible to receive an award even if the protest were sustained.
Inter-Continental Equipment, Inc:
Inter-Continental Equipment, Inc. (ICE) protests the rejection of its bid under invitation for bids (IFB) No. DAAK0l-87-B-A056, issued by the United States Army Troop Support Command. ICE, a small business, was initially found nonresponsible and was referred to the Small Business Administration (SBA) for a certificate of competency (COC). ICE alleges that the contracting officer failed to consider new information regarding ICE's responsibility that the protester submitted after the SBA refused to issue a COC to the firm.
We have been advised that ICE was debarred by the Executive Branch, effective June 20, 1988, for a period of 3 years. A debarred contractor is not eligible to receive a contract. Royal Flush Janitorial Services, Inc., B-220410, Nov. 13, 1985, 85-2 CPD Para. 552.
Our Bid Protest Regulations, 4 C.F.R. Sec. 21.1(a) (1988), require that a protesting party be interested in order to maintain a protest before this Office. An interested party is defined as an "actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract." 4 C.F.R. Sec. 21.0(a). Since ICE is not eligible for award even if its protest were sustained, it is not an interested party.
The protest is dismissed.