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B-231343.2, Sep 1, 1988, 88-2 CPD 200

B-231343.2 Sep 01, 1988
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PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Direct interest standards DIGEST: Protest by firm that is not next in line for award if its protest were sustained is dismissed since the protester does not have the requisite direct economic interest in the contract award to be considered an interested party under Bid Protest Regulations. We dismiss the protest because Twenty First Century is not an interested party. Our Bid Protest Regulations require that a protester be an interested party before we will consider its protest. 4 C.F.R. A protester is not an interested party if it would not be in line for award if its protest were upheld. 4 C.F.R. Twenty First Century is protesting that Auto-X's bid should be rejected because Auto-X did not comply with a solicitation requirement that the system bid be certified by a nationally recognized testing laboratory as meeting the Air Force requirement for 90-second extinguisher response time.

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B-231343.2, Sep 1, 1988, 88-2 CPD 200

PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Direct interest standards DIGEST: Protest by firm that is not next in line for award if its protest were sustained is dismissed since the protester does not have the requisite direct economic interest in the contract award to be considered an interested party under Bid Protest Regulations.

Twenty First Century International Fire Department and Services Corporation:

Twenty First Century International Fire Equipment and Services Corporation protests the award of a contract to Auto-X under invitation for bids (IFB) No. F10603-87-B-A025, issued by the Air Force for automatic range top fire extinguisher systems.

We dismiss the protest because Twenty First Century is not an interested party.

Our Bid Protest Regulations require that a protester be an interested party before we will consider its protest. 4 C.F.R. Sec. 21.1(a) (1988). A protester is not an interested party if it would not be in line for award if its protest were upheld. 4 C.F.R. Sec. 21.0(a); Appleton Food Services and Management Corp., B-225125.2, May 27, 1987, 87-1 CPD Para. 543.

Twenty First Century is protesting that Auto-X's bid should be rejected because Auto-X did not comply with a solicitation requirement that the system bid be certified by a nationally recognized testing laboratory as meeting the Air Force requirement for 90-second extinguisher response time. However, Twenty First Century is the third low bidder under the IFB and specifically concedes that Pemall, the second low bidder, meets this response time certification requirement.

Twenty First Century points out that its bid price is only $332.15 higher than Pemall's and asserts that factoring in certain cost saving features associated with the use of its product would outweigh this price difference. However, calculation of the savings associated with these features was not provided for under the IFB, and therefore may not be considered by the agency in calculating the relative bid prices. See GE American Communications, Inc., B-232001, July 25, 1988, 88-1 CPD Para.

Accordingly, since Twenty First Century would not be in line for award if we upheld its protest against Auto-X, Twenty First Century is not an interested party entitled to protest.

The protest is dismissed.

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