B-226333, B-226334, APR 14, 1987, 87-1 CPD 408

B-226333,B-226334: Apr 14, 1987

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PROCUREMENT - BID PROTESTS - GAO PROCEDURES - INTERESTED PARTIES - SUSPENDED/DEBARRED CONTRACTORS DIGEST: PROTESTER IS NOT AN INTERESTED PARTY TO MAINTAIN PROTESTS WHERE PROTESTER IS NOT ELIGIBLE TO RECEIVE AWARD UNDER THE CHALLENGED SOLICITATIONS AS A RESULT OF DEBARMENT PROCEEDINGS INITIATED AGAINST PROTESTER WHILE PROTESTS ARE PENDING. IN BOTH PROTESTS ROMER CHALLENGES THE CONTRACTING OFFICER'S DETERMINATION THAT ROMER IS NOT A RESPONSIBLE FIRM AND THUS MAY NOT RECEIVE AWARD UNDER THE CHALLENGED RFPS. ISSUED WHILE THE PROTESTS WERE PENDING. THE LETTER ADVISES ROMER THAT "THE DEPARTMENT OF DEFENSE WILL NOT SOLICIT OFFERS FROM. A FIRM FOR WHICH DEBARMENT HAS BEEN INITIATED IS PRECLUDED FROM RECEIVING ANY CONTRACT AWARDS FROM THE AGENCY INVOLVED PENDING A FINAL DEBARMENT DECISION.

B-226333, B-226334, APR 14, 1987, 87-1 CPD 408

PROCUREMENT - BID PROTESTS - GAO PROCEDURES - INTERESTED PARTIES - SUSPENDED/DEBARRED CONTRACTORS DIGEST: PROTESTER IS NOT AN INTERESTED PARTY TO MAINTAIN PROTESTS WHERE PROTESTER IS NOT ELIGIBLE TO RECEIVE AWARD UNDER THE CHALLENGED SOLICITATIONS AS A RESULT OF DEBARMENT PROCEEDINGS INITIATED AGAINST PROTESTER WHILE PROTESTS ARE PENDING.

FIRM MAXIMILLIAN ROMER AND PARTNER:

FIRM MAXIMILLIAN ROMER AND PARTNER PROTESTS AWARD BY THE AIR FORCE TO ANY OTHER OFFEROR UNDER REQUEST FOR PROPOSALS (RFP) NO. F61521-87-R 2022, FOR THE INSTALLATION OF PREFABRICATED CONCRETE GARAGES, AND RFP NO. F61521-87- R-2006, FOR CONSTRUCTION OF A SHELTER OVER PARKING AREAS AT VARIOUS AIR FORCE FACILITIES IN WEST GERMANY. IN BOTH PROTESTS ROMER CHALLENGES THE CONTRACTING OFFICER'S DETERMINATION THAT ROMER IS NOT A RESPONSIBLE FIRM AND THUS MAY NOT RECEIVE AWARD UNDER THE CHALLENGED RFPS. WE DISMISS THE PROTESTS BECAUSE ROMER DOES NOT QUALIFY AS AN INTERESTED PARTY TO MAINTAIN THE PROTESTS.

BY LETTER DATED MARCH 2, 1987, ISSUED WHILE THE PROTESTS WERE PENDING, THE AIR FORCE NOTIFIED ROMER THAT IT HAD BEGUN PROCEEDINGS TO DEBAR ROMER FROM RECEIVING GOVERNMENT CONTRACTS. IN ADDITION, THE LETTER ADVISES ROMER THAT "THE DEPARTMENT OF DEFENSE WILL NOT SOLICIT OFFERS FROM, AWARD CONTRACTS TO, RENEW, OR OTHERWISE EXTEND CONTRACTS WITH, OR CONSENT TO SUBCONTRACTS WITH YOU PENDING THIS DEBARMENT DECISION."

AS THE AIR FORCE'S MARCH 2 LETTER INDICATES, A FIRM FOR WHICH DEBARMENT HAS BEEN INITIATED IS PRECLUDED FROM RECEIVING ANY CONTRACT AWARDS FROM THE AGENCY INVOLVED PENDING A FINAL DEBARMENT DECISION. FEDERAL ACQUISITION REGULATION, 48 C.F.R. SEC. 9.406-3(C)(7) (1986); SEMTEX INDUSTRIAL CORP., 65 COMP.GEN. 503 (1986), 86-1 CPD PARA. 367. SINCE ROMER THUS IS NOT ELIGIBLE FOR AWARD UNDER THE CHALLENGED RFPS EVEN IF THE PROTESTS ARE SUSTAINED, ROMER DOES NOT QUALIFY AS AN INTERESTED PARTY ENTITLED TO MAINTAIN THE PROTESTS. SEE COMPETITION IN CONTRACTING ACT OF 1984, 31 U.S.C. SEC. 3551(2) (SUPP. III 1985); BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.0(A) (1986); S.A.F.E. EXPORT CORP., B-222823, ET AL., APR. 30, 1986, 86-1 CPD PARA. 424.

THE PROTESTS ARE DISMISSED.

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