B-235198.2, Jul 5, 1989, 89-2 CPD 4
Highlights
PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Direct interest standards DIGEST: Manufacturer's protest against cancellation of purchase order awarded to manufacturer's dealer is dismissed. Since only an actual or prospective bidder or offeror is an interested party eligible to maintain a protest under General Accounting Office's Bid Protest Regulations and the manufacturer seeks only reinstatement of purchase order to its dealer. Which was issued on April 4. International contends that the Agriculture's decision to cancel the purchase order is "not acceptable" and that the agency should reinstate the purchase order. It is clear that International is not an "actual or prospective bidder or offeror" for the Agriculture's requirement of mailing equipment.
B-235198.2, Jul 5, 1989, 89-2 CPD 4
PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Direct interest standards DIGEST: Manufacturer's protest against cancellation of purchase order awarded to manufacturer's dealer is dismissed, since only an actual or prospective bidder or offeror is an interested party eligible to maintain a protest under General Accounting Office's Bid Protest Regulations and the manufacturer seeks only reinstatement of purchase order to its dealer.
International Mailing Systems, Inc.:
International Mailing Systems, Inc., has protested the decision of the U.S. Department of Agriculture to cancel purchase order No. 40-3J19 9- 0707, which was issued on April 4, 1989, to the corporation's dealer, an individual, for mailing equipment. The Agriculture canceled the purchase order on May 17, 1989, in response to a protest filed by Pitney Bowes, Inc., against the award of the purchase order.
International contends that the Agriculture's decision to cancel the purchase order is "not acceptable" and that the agency should reinstate the purchase order. Under the Competition in Contracting Act of 1984 (CICA), 31 U.S.C. Sec. 3551(2) (Supp. IV 1986), our Office only decides protests filed by an "interested party," which CICA defines as an "actual or prospective bidder or offeror whose direct economic interest would be affected by the award of the contract or by failure to award the contract." Environmental Sys. Research Inst., B-219797, Oct. 23, 1985, 85-2 CPD Sec. 449; Electronics Sys. U.S.A., Inc., B-219754, Sept. 5, 1985, 85-2 CPD Sec. 274.
Since International's protest seeks only the reinstatement of the purchase order to its dealer, it is clear that International is not an "actual or prospective bidder or offeror" for the Agriculture's requirement of mailing equipment. Consequently, International cannot be considered to be an interested party for the purpose of this protest. See Wollongong Group, B-224531, Dec. 18, 1986, 86-2 CPD Sec. 682; Microrim, Inc.-- Request for Reconsideration, B-225525.2, Jan. 14, 1987, 87-1 CPD Sec. 58.
We dismiss the protest.