B-223289.5, OCT 30, 1986

B-223289.5, OCT 30, 1986

PROCUREMENT - BID PROTEST - GENERAL ACCOUNTING OFFICE PROCEDURES - INTERESTED PARTIES DIGEST: WHERE OPPOSING PARTIES WITHIN A FIRM BRING INTO QUESTION WHETHER THE FIRM'S PROTEST TO GENERAL ACCOUNTING OFFICE (GAO) HAS BEEN WITHDRAWN, AND THE AGENCY CONSIDERS THAT THE FIRM'S PROPOSAL SUBMITTED IN THE PROTESTED PROCUREMENT HAS BEEN WITHDRAWN, GAO DISMISSES THE PROTEST AS THE PROTESTER IS NOT CONSIDERED AN INTERESTED PARTY.

NAUTICAL ENTERPRISES, INC.:

NAUTICAL ENTERPRISES, INC. (NAUTICAL) PROTESTS THE PROPOSED AWARD OF A CONTRACT TO PETCHEM, INC. (PETCHEM) UNDER REQUEST FOR PROPOSALS (RFP) NO. N68836-86-R-0065, A SMALL BUSINESS SET-ASIDE ISSUED BY THE DEPARTMENT OF THE NAVY, NAVAL SUPPLY CENTER, JACKSONVILLE, FLORIDA, FOR TUG AND TOWING SERVICES.

THE FILING OF THIS PROTEST AND THE STATUS OF NAUTICAL'S PROPOSAL IS THE SUBJECT OF A DISPUTE BETWEEN OPPOSING PARTIES WITHIN NAUTICAL, EACH CLAIMING THE AUTHORITY TO REPRESENT THE PROTESTER. THE PROTEST HAS BEEN FILED AND WITHDRAWN TWICE BY THE OPPOSING PARTIES. IN THE LATEST REQUEST TO REINSTATE THE PROTEST FROM ONE OF THE PARTIES, OUR OFFICE WAS INFORMED THAT LITIGATION WOULD BE NECESSARY TO SETTLE THE DISPUTE. ADDITIONALLY, THE NAVY HAS INFORMED OUR OFFICE THAT THE CONTRACTING OFFICER HAS ACCEPTED THE WITHDRAWAL OF THE NAUTICAL PROPOSAL FROM THE PROCUREMENT.

UNDER THESE CIRCUMSTANCES, IT IS NOT CLEAR THAT NAUTICAL IS AN INTERESTED PARTY, AS REQUIRED BY 4 C.F.R. SEC. 21.1(A) (1986), ENTITLED TO FILE A PROTEST. IN THIS RESPECT, WE NOTE THAT THE RECORD CONTAINS NO CONCLUSIVE EVIDENCE AS TO WHICH OF THE OPPOSING PARTIES IS AUTHORIZED TO REPRESENT NAUTICAL. MOREOVER, THE POSSIBILITY OF LITIGATION CONCERNING THIS CONFLICT SUGGESTS THAT THE DISPUTE MAY NOT BE TIMELY RESOLVED WITH RESPECT TO THIS PARTICULAR PROCUREMENT. SINCE WE CANNOT ESTABLISH THAT NAUTICAL IS AN INTERESTED PARTY WITH STANDING TO PROTEST UNDER OUR BID PROTEST REGULATIONS, WE WILL NOT CONSIDER THE PROTEST.