B-235889.2, Aug 16, 1989, 89-2 CPD 145

B-235889.2, Aug 16, 1989, 89-2 CPD 145

PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Subcontractors DIGEST: Protest of allegedly defective plans and specifications, filed by a firm whose interest is that of a subcontractor, is dismissed since protester is not an "interested party" eligible to have its protest considered under the Competition in Contracting Act of 1984, and the General Accounting Office's implementing Bid Protest Regulations.

Apollo Mechanical, Inc.:

Apollo Mechanical, Inc., protests allegedly defective plans and specifications in invitation for bids (IFB) No. N62474-89-B-6685, issued by the Department of the Navy for construction of bachelor enlisted quarters at the Marine Corps Air Ground Combat Center, Twentynine Palms, California. We dismiss the protest because Apollo is not an interested party.

Under the Competition in Contracting Act of 1984 (CICA), our Office will only decide a protest filed by an "interested party," which CICA defines 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) (Supp. IV 1986); 4 C.F.R. Sec. 21.0(a) (1988). A prospective subcontractor or supplier does not have the requisite interest to be considered an interested party to protest under CICA since it is not a prospective or actual offeror. Perma -Plus Division of Midwesco, Inc., B-230702, Apr. 14, 1988, 88-1 CPD Para. 368.

In its comments on the agency report, Apollo states that it is a subcontractor. Moreover, the record shows that Apollo did not submit a bid as a prime contractor. Since Apollo is not an actual or prospective bidder under the IFB, it is not an interested party under CICA and our implementing Bid Protest Regulations, and its protest is dismissed.