B-239729, Jun 6, 1990, 90-1 CPD 535
Highlights
PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: Protest is dismissed where protester does not identify itself as representing any bidder under the solicitation or otherwise explain its interest. No bid was submitted in the protester's name. The Corps of Engineers advises that no bid was submitted under the protester's name. A party must be "interested" in order to have its protest considered by our Office. The agency advises that it was unable to contact the protester by telephone or by visiting the address listed on the protest submission. Thus does not even have enough information to enable it to gather any additional information about the protester. The protest is dismissed.
B-239729, Jun 6, 1990, 90-1 CPD 535
PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: Protest is dismissed where protester does not identify itself as representing any bidder under the solicitation or otherwise explain its interest, and no bid was submitted in the protester's name.
Attorneys
Joe Zapata:
Joe Zapata protests that the low bidder under the Army Corps of Engineers invitation for bids (IFB) No. DACW05-90-B-0030 had knowledge of the government estimate for the solicitation, providing the company an unfair competitive advantage.
The Corps of Engineers advises that no bid was submitted under the protester's name, and that the agency has no knowledge of the protester's interest in the procurement.
Under the Competition in Contracting Act of 1984 (CICA), 31 U.S.C. Sec. 3551 (1988), and our Bid Protest Regulations, 4 C.F.R. Sec. 21.1(a) (1990), a party must be "interested" in order to have its protest considered by our Office. CICA and our Bid Protest Regulations define an interested party 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." 31 U.S.C. Sec. 3551(2) (1988); 4 C.F.R. Sec. 21.0(a).
Here, the protester has given no information that would establish its status as a party with the requisite interest in the procurement. Moreover, the agency advises that it was unable to contact the protester by telephone or by visiting the address listed on the protest submission, and thus does not even have enough information to enable it to gather any additional information about the protester.
The protest is dismissed.