B-215805, OCT 31, 1984, 84-2 CPD 485
Highlights
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - PROTESTER NOT IN LINE FOR AWARD DIGEST: FOURTH LOW BIDDER IS NOT AN "INTERESTED PARTY" UNDER GAO BID PROTEST PROCEDURES TO PROTEST REDUCTION OF LOW BID AFTER BID OPENING WHERE THAT BIDDER WOULD NOT BE IN LINE FOR AWARD IF THE PROTEST WERE SUSTAINED. RGI CONTENDS THAT AIR DRY IMPROPERLY WAS ALLOWED TO LOWER ITS BID AFTER BID OPENING ALTHOUGH AIR DRY WAS NOT THE LOW BIDDER. WAS THE LOW BIDDER. AIR DRY WAS THIRD LOW BIDDER. DLA DETERMINED THAT THE ADDITIONAL QUANTITIES WERE NEEDED AND. DLA CONTENDS THAT RGI IS NOT AN INTERESTED PARTY UNDER OUR BID PROTEST PROCEDURES. SINCE RGI WAS FOURTH LOW BIDDER AND WOULD NOT BE IN LINE FOR AWARD EVEN IF THE PROTEST WERE SUSTAINED.
B-215805, OCT 31, 1984, 84-2 CPD 485
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - PROTESTER NOT IN LINE FOR AWARD DIGEST: FOURTH LOW BIDDER IS NOT AN "INTERESTED PARTY" UNDER GAO BID PROTEST PROCEDURES TO PROTEST REDUCTION OF LOW BID AFTER BID OPENING WHERE THAT BIDDER WOULD NOT BE IN LINE FOR AWARD IF THE PROTEST WERE SUSTAINED.
RGI INCORPORATED:
RGI INCORPORATED (RGI) PROTESTS AWARD OF A CONTRACT TO AIR DRY CORPORATION OF AMERICA (AIR DRY) AND THE DECISION OF THE DEFENSE LOGISTICS AGENCY (DLA) TO PERMIT AIR DRY TO REDUCE ITS BID PRICE AFTER BID OPENING UNDER INVITATION FOR BIDS (IFB) NO. DLA700-84-B-060 FOR GAGE GLOBE VALVES.
WE DISMISS THE PROTEST.
RGI CONTENDS THAT AIR DRY IMPROPERLY WAS ALLOWED TO LOWER ITS BID AFTER BID OPENING ALTHOUGH AIR DRY WAS NOT THE LOW BIDDER.
AT BID OPENING AMERICAN PIPING ACCESSORIES CO., INC. (AMERICAN PIPING), WAS THE LOW BIDDER, AIR DRY WAS THIRD LOW BIDDER, AND RGI SUBMITTED THE FOURTH LOW BID. THE IFB CONTAINED AN OPTION FOR ADDITIONAL QUANTITIES. DLA DETERMINED THAT THE ADDITIONAL QUANTITIES WERE NEEDED AND, AFTER A REEVALUATION INCLUDING THE OPTION BIDS, AIR DRY BECAME LOW BIDDER AND AMERICAN PIPING BECAME SECOND LOW BIDDER. RGI REMAINED FOURTH LOW BIDDER. AIR DRY OFFERED A REDUCTION FROM ITS LOW BID.
DLA CONTENDS THAT RGI IS NOT AN INTERESTED PARTY UNDER OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 21.1 (1984), SINCE RGI WAS FOURTH LOW BIDDER AND WOULD NOT BE IN LINE FOR AWARD EVEN IF THE PROTEST WERE SUSTAINED. IF THE PROTEST AGAINST ACCEPTANCE OF THE REDUCED BID WERE UPHELD, AIR DRY STILL WOULD BE LOW BIDDER AND ENTITLED TO AWARD ON THE EVALUATION OF THE BASIC BID TOGETHER WITH THE OPTION BID. IF THE EVALUATION WERE FOUND IMPROPER, AMERICAN PIPING WOULD BE THE LOW BIDDER AND ENTITLED TO AWARD. NEITHER DLA NOR RGI HAVE INDICATED THAT EITHER AIR DRY OR AMERICAN PIPING IS OTHERWISE INELIGIBLE FOR AWARD. THEREFORE, RGI LACKS THE DIRECT INTEREST NECESSARY TO MAKE IT AN INTERESTED PARTY, UNDER OUR BID PROTEST PROCEDURES, AND WE DISMISS THE PROTEST. DONALD HARRIS, INC., B-214124.2, MAR. 1, 1984, 84-1 CPD PARA. 258.