B-240329, Jul 20, 1990, 90-2 CPD 61

B-240329: Jul 20, 1990

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PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Direct interest standards DIGEST: A trade association which represents reforestation contractors is not an interested party to bring a protest against an allegedly improper award because it is not an actual or prospective bidder or offeror. If the requirement were resolicited. The awards are under section 8(a) of the Small Business Act. We dismiss the protest since we find that NRCA is not an interested party. The protester is an association whose members are reforestation contractors which are potential offerors for the Forest Service requirements. If the requirements are solicited competitively. Since NRCA itself is not a potential offeror.

B-240329, Jul 20, 1990, 90-2 CPD 61

PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Direct interest standards DIGEST: A trade association which represents reforestation contractors is not an interested party to bring a protest against an allegedly improper award because it is not an actual or prospective bidder or offeror, if the requirement were resolicited.

Attorneys

Northwest Reforestation Contractors Association, Inc.:

Northwest Reforestation Contractors Association, Inc. (NRCA) protests the Forest Service's award of the Sweet Home Ranger District, Willamette National Forest thinning contract No. 52-04R4-0-3360 to Efrain Corona, and the possible award of the Blue River Ranger District, Willamette National Forest thinning contract to Efrain Corona under solicitation No. R6-18-90- 110. The awards are under section 8(a) of the Small Business Act, 15 U.S.C. Sec. 637(a) (1988).

We dismiss the protest since we find that NRCA is not an interested party.

Under the Competition in Contracting Act of 1984 (CICA), 31 U.S.C. Sec. 3551(2) (1988), and our Bid Protest Regulations, 4 C.F.R. Sec. 21.0(a) (1990), a protest may be brought only by an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of or failure to award the contract involved. Here, the protester is an association whose members are reforestation contractors which are potential offerors for the Forest Service requirements, if the requirements are solicited competitively. Since NRCA itself is not a potential offeror, if the requirements were resolicited on a competitive basis, its direct economic interest is not affected by the awards at issue here. Therefore, it is not an interested party entitled to maintain the protest. DePaul Hosp. and The Catholic Health Ass'n of the United States, B-227160, Aug. 18, 1987, 87-2 CPD Para. 173.

The protest is dismissed.