B-216947, NOV 26, 1984, 84-2 CPD 563

B-216947: Nov 26, 1984

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CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - SMALL BUSINESS SET- ASIDES DIGEST: LARGE BUSINESS PROTESTER IS NOT AN INTERESTED PARTY TO PROTEST ALLEGEDLY RESTRICTIVE SPECIFICATIONS IN A SMALL BUSINESS SET-ASIDE SOLICITATION WHERE THE PROTESTER WOULD NOT BE AFFECTED BY THE RESOLUTION OF THE ISSUE WHICH IT RAISES. TELEX CONTENDS THAT THE SPECIFICATIONS CONTAIN FEATURES WHICH ARE UNIQUE TO ONE MANUFACTURER AND ARE THEREFORE UNDULY RESTRICTIVE OF COMPETITION. THE ARMY HAS ADVISED US THAT THE SOLICITATION IN QUESTION IS A TOTAL SMALL BUSINESS SET-ASIDE. TELEX IS A LARGE BUSINESS AND IS THEREFORE INELIGIBLE TO COMPETE UNDER THE SOLICITATION. WE HAVE HELD THAT WHERE A LARGE BUSINESS PROTESTER IS INELIGIBLE FOR AWARD UNDER A PROPER SMALL BUSINESS SET-ASIDE.

B-216947, NOV 26, 1984, 84-2 CPD 563

CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - SMALL BUSINESS SET- ASIDES DIGEST: LARGE BUSINESS PROTESTER IS NOT AN INTERESTED PARTY TO PROTEST ALLEGEDLY RESTRICTIVE SPECIFICATIONS IN A SMALL BUSINESS SET-ASIDE SOLICITATION WHERE THE PROTESTER WOULD NOT BE AFFECTED BY THE RESOLUTION OF THE ISSUE WHICH IT RAISES.

TELEX COMMUNICATIONS, INC.:

TELEX COMMUNICATIONS, INC, (TELEX), PROTESTS THE AWARD OF ANY CONTRACT UNDER SOLICITATION NO. DAAG08-84-R-0399 ISSUED BY THE DEPARTMENT OF THE ARMY. TELEX CONTENDS THAT THE SPECIFICATIONS CONTAIN FEATURES WHICH ARE UNIQUE TO ONE MANUFACTURER AND ARE THEREFORE UNDULY RESTRICTIVE OF COMPETITION.

WE DISMISS THE PROTEST.

THE ARMY HAS ADVISED US THAT THE SOLICITATION IN QUESTION IS A TOTAL SMALL BUSINESS SET-ASIDE. TELEX IS A LARGE BUSINESS AND IS THEREFORE INELIGIBLE TO COMPETE UNDER THE SOLICITATION. WE HAVE HELD THAT WHERE A LARGE BUSINESS PROTESTER IS INELIGIBLE FOR AWARD UNDER A PROPER SMALL BUSINESS SET-ASIDE, WE WILL NOT CONSIDER ITS OBJECTION TO AN ALLEGED SOLICITATION DEFICIENCY SINCE THE PROTESTER IS NOT AN INTERESTED PARTY WHICH WOULD BE AFFECTED BY THE RESOLUTION OF THE ISSUE WHICH IT RAISES. TRI-STATES SERVICE COMPANY, B-211862, SEPT. 26, 1983, 83-2 CPD PARA. 374; REPUBLIC STEEL CORPORATION ET AL., B-205951; B-205951.2, APR. 29, 1982, 82-1 CPD PARA. 399.

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