B-241489, B-241491, B-241492, B-241493, Nov 19, 1990, 90-2 CPD 408
Highlights
It is no longer an interested party eligible to maintain a protest under our Bid Protest Regulations. Firms proposed for debarment are excluded from receiving government contracts pending a final debarment decision. EMC is not eligible for award under the IFBs. Is thus not an interested party. The protests are dismissed.
B-241489, B-241491, B-241492, B-241493, Nov 19, 1990, 90-2 CPD 408
PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Suspended/debarred contractors DIGEST: Where the contracting agency initiates debarment proceedings against the protester, it is no longer an interested party eligible to maintain a protest under our Bid Protest Regulations.
Attorneys
Energy Management Corporation:
Energy Management Corporation (EMC) protests by letter dated October 4, 1990, that the Department of the Army's alleged refusal to award it contracts under invitations for bids (IFB) Nos. DABT47-90-0070, -0082, 0100, and -0648, for contract work at Fort Jackson, South Carolina, constituted a de facto debarment.
By letter to EMC dated October 30, 1990, the Army initiated debarment proceedings against EMC. Under Federal Acquisition Regulation (FAR) Sec. 9.405 (FAC 84-57), firms proposed for debarment are excluded from receiving government contracts pending a final debarment decision. Therefore, EMC is not eligible for award under the IFBs, and is thus not an interested party, eligible to maintain a protest under our Bid Protest Regulations, 4 C.F.R. Secs. 21.0(a),(b) and 21.1(a) (1990); Meyer and Lillian Blinder, B-238783, May 11, 1990, 90-1 CPD Para. 468, aff'd B-238783.2, June 26, 1990, 90-1 CPD Para. 594; Syllor Inc./Ease Chemical, B-236161.2 et al., Jan. 2, 1990, 90-1 CPD Para. 1.
The protests are dismissed.