B-238783.2, Jun 26, 1990, 90-1 CPD 594

B-238783.2: Jun 26, 1990

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PROCUREMENT - Bid Protests - GAO procedures - GAO decisions - Reconsideration PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Suspended/debarred contractors DIGEST: Request for reconsideration of decision finding suspended offeror not to be an "interested party" under General Accounting Office's Bid Protest Regulations is denied because even though offeror is appealing suspension the offeror remains ineligible for award until suspension is lifted. The request for reconsideration is based on the fact that Mr. Blinder is appealing the suspension at GSA. The Blinders request that we consider the protest on the merits or delay any action on it until a final determination is made on the suspension.

B-238783.2, Jun 26, 1990, 90-1 CPD 594

PROCUREMENT - Bid Protests - GAO procedures - GAO decisions - Reconsideration PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Suspended/debarred contractors DIGEST: Request for reconsideration of decision finding suspended offeror not to be an "interested party" under General Accounting Office's Bid Protest Regulations is denied because even though offeror is appealing suspension the offeror remains ineligible for award until suspension is lifted.

Attorneys

Meyer and Lillian Blinder-- Request for Reconsideration:

Meyer and Lillian Blinder request reconsideration of our decision Meyer and Lillian Blinder, B-238783, May 11, 1990, 90-1 CPD Para. ***, dismissing its protest of the General Services Administration's (GSA) finding of nonresponsibility in connection with its offer under solicitation for offers No. 89-10 for the acquisition of 21,500 square feet of office space in Englewood, Colorado.

We dismissed the protest because we found the Blinders not to be an "interested party" to maintain a protest under our Bid Protest Regulations, 4 C.F.R. Sec. 21.0(a) (1990), following GSA's suspension of Mr. Blinder from contracting with the federal government. See Federal Acquisition Regulation 9.407-2. The suspension resulted from Mr. Blinder's criminal indictment by a federal grand jury for racketeering and securities fraud.

The request for reconsideration is based on the fact that Mr. Blinder is appealing the suspension at GSA. The Blinders request that we consider the protest on the merits or delay any action on it until a final determination is made on the suspension.

There is no basis for our Office to consider the merits of the protest or delay action on it. Until the suspension is lifted, the Blinders remain ineligible for any award and are not an interested party to maintain the protest. Capitol Eng'g & Mfg., Co., B-224268, Oct. 9, 1986, 86-2 CPD Para. 416. If the suspension is lifted, the Blinders may request that the protest file be reopened, provided that they do so in a timely fashion. Ikard Mfg. Co., B-213017, July 23, 1984, 84-2 CPD Para. 80. At this point, however, we view the Blinders as ineligible to maintain a protest.

The reconsideration request is denied.