B-211162, MAR 31, 1983
Highlights
WE DISMISS THE PROTEST BECAUSE SAVE COLUMBIA IS NOT AN "INTERESTED PARTY" UNDER OUR BID PROTEST PROCEDURES. WE EXAMINE THE DEGREE TO WHICH THE ASSERTED INTEREST IS BOTH ESTABLISHED AND DIRECT. THE INTERESTS INVOLVED IN WHETHER THE AWARD OF A CONTRACT IS PROPER ARE ADEQUATELY PROTECTED BY LIMITING THE CLASS OF PARTIES ELIGIBLE TO PROTEST TO DISAPPOINTED BIDDERS OR OFFERORS. WE HAVE CONSIDERED PROTESTS BY LABOR UNIONS AND CIVIC. IT IS NOT ENOUGH MERELY TO BE AN INDIVIDUAL EMPLOYEE OF A DISAPPOINTED BIDDER OR OFFEROR. OR A UNION WHICH BELIEVES THAT ITS MEMBERS MIGHT BE EMPLOYED BY THE SUCCESSFUL CONTRACTOR IF THE WORK WERE OPEN TO COMPETITION.
B-211162, MAR 31, 1983
DIGEST: WHERE A CORPORATION PROTESTS "IN THE INTEREST AND NAME OF THE PEOPLE OF THE UNITED STATES," IT LACKS INTERESTED PARTY STATUS UNDER GAO BID PROTEST PROCEDURES BECAUSE IT HAS NOT SHOWN A REQUISITE DIRECT INTEREST IN THE CONTRACT AWARDS IN QUESTION.
SAVE COLUMBIA COUNCIL, INC.:
SAVE COLUMBIA COUNCIL, INC., PROTESTS THE AWARD OF CONTRACT NOS. 14 08- 0001-21269, -21278, AND -21286 TO THE LAMONT-DOHERTY GEOLOGICAL OBSERVATORY OF COLUMBIA UNIVERSITY BY THE UNITED STATES GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR. SAVE COLUMBIA PROTESTS THE AWARDS "IN THE INTEREST AND THE NAME OF THE PEOPLE OF THE UNITED STATES."
WE DISMISS THE PROTEST BECAUSE SAVE COLUMBIA IS NOT AN "INTERESTED PARTY" UNDER OUR BID PROTEST PROCEDURES.
OUR PROCEDURES REQUIRE THAT A PARTY BE "INTERESTED" FOR ITS PROTEST TO BE CONSIDERED. 4 C.F.R. SEC. 21.1(A) (1982). IN DETERMINING WHETHER A PROTESTER SATISFIES THE INTERESTED PARTY CRITERION, WE EXAMINE THE DEGREE TO WHICH THE ASSERTED INTEREST IS BOTH ESTABLISHED AND DIRECT. KENNETH R. BLAND, CONSULTANT, B-184852, OCTOBER 17, 1975, 75-2 CPD 242.
AS A GENERAL RULE, THE INTERESTS INVOLVED IN WHETHER THE AWARD OF A CONTRACT IS PROPER ARE ADEQUATELY PROTECTED BY LIMITING THE CLASS OF PARTIES ELIGIBLE TO PROTEST TO DISAPPOINTED BIDDERS OR OFFERORS. DIE MESH CORPORATION, 58 COMP.GEN. 111 (1978), 78-2 CPD 374. WHERE, HOWEVER, THE STATED INTEREST IN THE PROCUREMENT HAS BEEN SUFFICIENTLY COMPELLING, WE HAVE CONSIDERED PROTESTS BY LABOR UNIONS AND CIVIC, TRADE AND PARENTS ASSOCIATIONS. SEE FALCON ELECTRIC COMPANY, INC., B-199080, APRIL 9, 1981, 81-1 CPD 271.
ON THE OTHER HAND, IT IS NOT ENOUGH MERELY TO BE AN INDIVIDUAL EMPLOYEE OF A DISAPPOINTED BIDDER OR OFFEROR, DALE CHLOUBER, B-190638, DECEMBER 20, 1977, 77-2 CPD 484; A CONCERNED CITIZEN, PATTI R. WHITING, B-187286, SEPTEMBER 29, 1976, 76-2 CPD 298; OR A UNION WHICH BELIEVES THAT ITS MEMBERS MIGHT BE EMPLOYED BY THE SUCCESSFUL CONTRACTOR IF THE WORK WERE OPEN TO COMPETITION. MARINE ENGINEERS BENEFICIAL ASSOCIATION; SEAFARERS INTERNATIONAL UNION, 60 COMP.GEN. 102 (1980), 80-2 CPD 418.
HERE, WHERE SAVE COLUMBIA HAS ONLY ASSERTED THE GENERAL INTEREST OF "THE PEOPLE OF THE UNITED STATES" IN PROTESTING THESE AWARDS, IT HAS NOT SHOWN THE REQUIRED DIRECT INTEREST IN THEM AND, THEREFORE, IT DOES NOT QUALIFY AS AN INTERESTED PARTY WITHIN THE MEANING OF OUR BID PROTEST PROCEDURES.
WE DISMISS THE PROTEST.