B-218022, FEB 28, 1985

B-218022: Feb 28, 1985

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DIGEST: A SENATOR IS INFORMED THAT HIS CONSTITUENT'S PROTEST FORWARDED TO GAO BY HIM WILL NOT BE CONSIDERED ON THE MERITS BECAUSE THE PROTESTER IS A SUPPLIER. IS THUS NOT AN INTERESTED PARTY UNDER OUR REGULATIONS. 4 C.F.R. GARDNER-DENVER IS NOT A BIDDER UNDER THE SOLICITATION BUT RATHER IS A SUPPLIER TO ATLAS MACHINE AND SUPPLY. ACCORDINGLY GARDNER-DENVER IS NOT ELIGIBLE FOR AWARD. SINCE A NONBIDDING PARTY IS NOT AN INTERESTED PARTY UNDER OUR REGULATIONS. WE WILL NOT CONSIDER THE MERITS OF GARDNER-DENVER'S PROTEST. 49 FED.REG. 49. EVEN IF GARDNER-DENVER WERE A BIDDER WE WOULD BE UNABLE TO CONSIDER THE MATTER BECAUSE THE PROTEST IS FILED UNTIMELY. INFORMED GARDNER-DENVER THAT THE COMPRESSORS WERE IN ACCORDANCE WITH THE SPECIFICATIONS.

B-218022, FEB 28, 1985

CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - POTENTIAL CONTRACTORS, ETC. NOT SUBMITTING BIDS, ETC. DIGEST: A SENATOR IS INFORMED THAT HIS CONSTITUENT'S PROTEST FORWARDED TO GAO BY HIM WILL NOT BE CONSIDERED ON THE MERITS BECAUSE THE PROTESTER IS A SUPPLIER, NOT A BIDDER, AND IS THUS NOT AN INTERESTED PARTY UNDER OUR REGULATIONS. 4 C.F.R. SEC. 21.0(A), 21.1(A) AND 21.3(F)(10).

THE HONORABLE DAN QUAYLE: UNITED STATES SENATOR 46 EAST OHIO STREET, ROOM 447 INDIANAPOLIS, INDIANA 46204

DEAR SENATOR QUAYLE:

WE REFER TO YOUR LETTER OF JANUARY 7, 1985 (RECEIVED BY OUR OFFICE ON JANUARY 15), CONCERNING YOUR CONSTITUENT, MR. MEL SCHMELZLE OF THE GARDNER -DENVER COMPRESSORS COMPANY. BY LETTER DATED JANUARY 3, 1985, WHICH YOU ENCLOSED, MR. SCHMELZLE PROTESTS THE NAVY'S ACCEPTANCE OF COMPRESSORS SUPPLIED BY BAUMGARDNER MECHANICALS UNDER CONTRACT NO. N62470-84-C-3997. ACCORDING TO MR. SCHMELZLE, THE COMPRESSORS DO NOT MEET THE NAVY'S SPECIFICATIONS.

GARDNER-DENVER IS NOT A BIDDER UNDER THE SOLICITATION BUT RATHER IS A SUPPLIER TO ATLAS MACHINE AND SUPPLY, INC., A DISAPPOINTED BIDDER. ACCORDINGLY GARDNER-DENVER IS NOT ELIGIBLE FOR AWARD. SINCE A NONBIDDING PARTY IS NOT AN INTERESTED PARTY UNDER OUR REGULATIONS, WE WILL NOT CONSIDER THE MERITS OF GARDNER-DENVER'S PROTEST. 49 FED.REG. 49,917, 49,920 (TO BE CODIFIED AT 4 C.F.R. SEC. 21.0(A), 21.1(A) AND 21.3(F)(10)).

MOREOVER, EVEN IF GARDNER-DENVER WERE A BIDDER WE WOULD BE UNABLE TO CONSIDER THE MATTER BECAUSE THE PROTEST IS FILED UNTIMELY. THE CORRESPONDENCE WHICH YOU ATTACHED SHOWS THAT, BY LETTER DATED DECEMBER 14, 1984, THE NAVY, IN RESPONSE TO A PROTEST FROM GARDNER-DENVER, INFORMED GARDNER-DENVER THAT THE COMPRESSORS WERE IN ACCORDANCE WITH THE SPECIFICATIONS. HOWEVER, GARDNER-DENVER'S LETTER OF JANUARY 3, 1985, RECEIVED IN OUR OFFICE ON JANUARY 15, 1985, AS AN ENCLOSURE TO YOUR LETTER, CONSTITUTES GARDNER-DENVER'S ONLY PROTEST FILING WITH OUR OFFICE.

OUR BID PROTEST PROCEDURES REQUIRE THAT IF A PROTEST HAS BEEN INITIALLY FILED WITH AN AGENCY, ANY SUBSEQUENT PROTEST TO THE GENERAL ACCOUNTING OFFICE BE FILED NOT LATER THAN 10 WORKING DAYS AFTER FORMAL NOTIFICATION OF OR ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF INITIAL ADVERSE AGENCY ACTION. 49 FED.REG. 49,917, 49,920 (TO BE CODIFIED AT 4.C.F.R. SEC. 21.3.). SINCE GARDNER-DENVER'S PROTEST WAS NOT FILED UNTIL MORE THAT 1 MONTH AFTER GARDNER-DENVER KNEW OF THE NAVY, DECEMBER 14, 1984, DENIAL OF ITS PROTEST, THE PROTEST HERE IS UNTIMELY.

THEREFORE, THE PROTEST WILL NOT BE CONSIDERED ON THE MERITS.

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