B-204419, SEP 10, 1981
Highlights
DIGEST: LARGE BUSINESS PROTESTER IS NOT INTERESTED PARTY UNDER GAO BID PROTEST PROCEDURES TO CHALLENGE POTENTIAL AWARD UNDER TOTAL SMALL BUSINESS SET- ASIDE WHERE ISSUE RAISED RELATES TO ALLEGED RESTRICTIVE BRAND NAME OR EQUAL PROVISIONS AND NOT TO ELIGIBILITY CRITERION THAT DISQUALIFIES THE PROTESTER. VEN-TEL OBJECTS TO THE IFB'S BRAND NAME OR EQUAL PROVISIONS ON THE GROUNDS THAT THEY ARE UNDULY RESTRICTIVE OF COMPETITION. VEN- TEL IS NOT ELIGIBLE FOR AWARD IN THIS CASE. VEN-TEL IS NOT AN INTERESTED PARTY IN THIS MATTER SINCE VEN-TEL IS NOT PROTESTING THE IFB'S SMALL BUSINESS ELIGIBILITY CRITERION THAT DISQUALIFIES VEN-TEL FOR AWARD CONSIDERATION.
B-204419, SEP 10, 1981
DIGEST: LARGE BUSINESS PROTESTER IS NOT INTERESTED PARTY UNDER GAO BID PROTEST PROCEDURES TO CHALLENGE POTENTIAL AWARD UNDER TOTAL SMALL BUSINESS SET- ASIDE WHERE ISSUE RAISED RELATES TO ALLEGED RESTRICTIVE BRAND NAME OR EQUAL PROVISIONS AND NOT TO ELIGIBILITY CRITERION THAT DISQUALIFIES THE PROTESTER.
VEN-TEL, INC.:
VEN-TEL, INC., PROTESTS ANY AWARD UNDER INVITATION FOR BIDS (IFB) NO. 111 -A-SEA-81, ISSUED BY THE DEPARTMENT OF AGRICULTURE FOR CERTAIN MODEMS ON A BRAND NAME OR EQUAL BASIS. VEN-TEL OBJECTS TO THE IFB'S BRAND NAME OR EQUAL PROVISIONS ON THE GROUNDS THAT THEY ARE UNDULY RESTRICTIVE OF COMPETITION. VEN-TEL, A LARGE BUSINESS, DID NOT OBJECT TO THE IFB'S PROVISIONS RESTRICTING THE PROCUREMENT TO ONLY SMALL BUSINESS CONCERNS.
OUR BID PROTEST PROCEDURES PROVIDE THAT ONLY AN "INTERESTED PARTY" MAY FILE A PROTEST. 4 C.F.R. SEC. 21.1(A) (1981). AS A LARGE BUSINESS, VEN- TEL IS NOT ELIGIBLE FOR AWARD IN THIS CASE; THUS, VEN-TEL IS NOT AN INTERESTED PARTY IN THIS MATTER SINCE VEN-TEL IS NOT PROTESTING THE IFB'S SMALL BUSINESS ELIGIBILITY CRITERION THAT DISQUALIFIES VEN-TEL FOR AWARD CONSIDERATION. DOALL IOWA COMPANY, B-187200, SEPTEMBER 23, 1976, 76-2 CPD 276; SOLON AUTOMATED SERVICES, INC., B-198670, NOVEMBER 18, 1980, 80-2 CPD 365.
PROTEST DISMISSED.