B-227797, Jul 16, 1987, 87-2 CPD 53

B-227797: Jul 16, 1987

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PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Suspended/debarred contractors DIGEST: The General Accounting Office will not consider a protest from a firm subject to debarment proceedings since the firm is ineligible for a contract award and. Is not an interested party to protest. Has become the subject of debarment proceedings and is consequently suspended from contracting with the government under the Federal Acquisition Regulation. A party must be "interested" before our Office will consider the merits of its protest. Is ineligible for award of a contract even if its protest were sustained. The firm is not an interested party and its protest therefore will not be considered by our Office.

B-227797, Jul 16, 1987, 87-2 CPD 53

PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Suspended/debarred contractors DIGEST: The General Accounting Office will not consider a protest from a firm subject to debarment proceedings since the firm is ineligible for a contract award and, therefore, is not an interested party to protest.

Jay Dee Militarywear, Inc.:

Jay Dee Militarywear, Inc. (Jay Dee) protests the award of a quantity of fragmentation body-armor vests to the Small Business Administration (SBA) for subcontracting under the SBA's section 8(a) program by the Defense Logistics Agency (DLA).

By letter of July 10, 1987, the DLA has informed us that Jay Dee, subsequent to filing its protest, has become the subject of debarment proceedings and is consequently suspended from contracting with the government under the Federal Acquisition Regulation, 48 C.F.R. Sec. 9.406- 3 (c)(7) (1986). Under our Bid Protest Regulations, a party must be "interested" before our Office will consider the merits of its protest. C.F.R. Secs. 21.0(a) and 21.1(a) (1986). Since Jay Dee, because of the debarment proceedings, is ineligible for award of a contract even if its protest were sustained, the firm is not an interested party and its protest therefore will not be considered by our Office. See Firm Maximillian Romer and Partner, B-226333, B-226334, Apr. 14, 1987, 87-1 CPD Para. 408.

The protest is dismissed.

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