B-241040, Oct 12, 1990, 90-2 CPD ***

B-241040: Oct 12, 1990

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PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: Fourth low offeror is not an interested party to question low firm's eligibility for award since it would not be in line for award even if the issue were resolved in its favor. Our Bid Protest Regulations require that a party be "interested" before we will consider its protest. 4 C.F.R. Optical Elements is fourth in line for award behind Microscope Company and Delta Technologies. A protester is not interested where it would not be in line for award even if its protest were upheld. Even if Optical Element's protest were sustained. Optical Elements is not an interested party to challenge the award to Microscope Company.

B-241040, Oct 12, 1990, 90-2 CPD ***

PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: Fourth low offeror is not an interested party to question low firm's eligibility for award since it would not be in line for award even if the issue were resolved in its favor.

Attorneys

Optical Elements Corporation:

Optical Elements Corporation protests the award of a contract to The Microscope Company, Inc., the low technically acceptable offeror, under request for proposals (RFP) No. DAAD05-90-R-0240, issued by the Department of the Army for an advanced image analysis system. The RFP provided for award to the low technically acceptable offeror. The protester argues that the awardee's system does not meet the RFP's specifications.

We dismiss the protest.

Our Bid Protest Regulations require that a party be "interested" before we will consider its protest. 4 C.F.R. Sec. 21.0(a), 21.1(a) (1990). The record shows that based on the proposals submitted, Optical Elements is fourth in line for award behind Microscope Company and Delta Technologies, the second low technically acceptable offeror, and another acceptable offeror. Optical Elements has not challenged Delta's or the other firm's eligibility for an award. A protester is not interested where it would not be in line for award even if its protest were upheld. MOHEAT, Inc.-- Recon., B-239378.2, June 20, 1990, 90-1 CPD Para. 576. Here, even if Optical Element's protest were sustained, Delta would be next in line for award. Therefore, Optical Elements is not an interested party to challenge the award to Microscope Company.

Accordingly, the protest is dismissed.

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