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B-218649, MAY 28, 1985, 85-1 CPD 608

B-218649 May 28, 1985
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CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - DIRECT INTEREST CRITERION DIGEST: TO BE CONSIDERED AN INTERESTED PARTY SO AS TO HAVE STANDING TO PROTEST UNDER THE COMPETITION IN CONTRACT ACT OF 1984 AND THE GENERAL ACCOUNTING OFFICE IMPLEMENTING BID PROTEST REGULATIONS. POLYCON IS A POTENTIAL SUPPLIER AND SUBCONTRACTOR. AN INTERESTED PARTY IS DEFINED AS AN "ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF THE CONTRACT OR BY FAILURE TO AWARD THE CONTRACT.". THIS STATUTORY DEFINITION OF AN "INTERESTED PARTY" IS REFLECTED IN THE LANGUAGE OF OUR BID PROTEST REGULATIONS WHICH IMPLEMENT THE CICA. 4 C.F.R. OUR OFFICE WILL NO LONGER CONSIDER SUBCONTRACTOR PROTESTS EXCEPT WHERE THE SUBCONTRACT IS BY OR FOR THE GOVERNMENT. 4 C.F.R.

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B-218649, MAY 28, 1985, 85-1 CPD 608

CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - DIRECT INTEREST CRITERION DIGEST: TO BE CONSIDERED AN INTERESTED PARTY SO AS TO HAVE STANDING TO PROTEST UNDER THE COMPETITION IN CONTRACT ACT OF 1984 AND THE GENERAL ACCOUNTING OFFICE IMPLEMENTING BID PROTEST REGULATIONS, A PARTY MUST BE AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF A CONTRACT OR BY THE FAILURE TO AWARD A CONTRACT. A POTENTIAL SUBCONTRACTOR ON A DIRECT FEDERAL PROCUREMENT CANNOT BE CONSIDERED AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR.

U.S. POLYCON CORP.:

U.S. POLYCON CORPORATION (POLYCON) PROTESTS INVITATION FOR BIDS (IFB) NO. N62467-84-B-2179 ISSUED BY THE DEPARTMENT OF THE NAVY BECAUSE THE SPECIFICATIONS REQUIRE STEEL CONDUIT INSTEAD OF POLYCON'S NONSTEEL CLASS "A" CONDUIT. POLYCON IS A POTENTIAL SUPPLIER AND SUBCONTRACTOR.

UNDER SECTION 2741(A) OF THE COMPETITION IN CONTRACTING ACT (CICA) (TO BE CODIFIED AT 31 U.S.C. SEC. 3551, ET SEQ.), AN INTERESTED PARTY IS DEFINED AS AN "ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF THE CONTRACT OR BY FAILURE TO AWARD THE CONTRACT." THIS STATUTORY DEFINITION OF AN "INTERESTED PARTY" IS REFLECTED IN THE LANGUAGE OF OUR BID PROTEST REGULATIONS WHICH IMPLEMENT THE CICA. 4 C.F.R. SEC. 21.0(A) (1985). ACCORDINGLY, WITH RESPECT TO ALL BID PROTESTS FILED ON OR AFTER JANUARY 15, 1985, THE EFFECTIVE DATE OF SUBTITLE "D" OF THE CICA, ONLY PROTESTS INVOLVING A DIRECT FEDERAL PROCUREMENT FILED BY A PARTY THAT COMES WITHIN THE STATUTORY DEFINITION OF AN INTERESTED PARTY CAN BE CONSIDERED. THUS, OUR OFFICE WILL NO LONGER CONSIDER SUBCONTRACTOR PROTESTS EXCEPT WHERE THE SUBCONTRACT IS BY OR FOR THE GOVERNMENT. 4 C.F.R. SEC. 21.3(F)(10) (1985).

AS A POTENTIAL SUBCONTRACTOR-SUPPLIER, POLYCON IS NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR ON THE PROTESTED SOLICITATION, AND THE SOLICITATION DOES NOT INVOLVE SUBCONTRACTS BY OR FOR THE GOVERNMENT. THEREFORE, UNDER THE CICA AND OUR IMPLEMENTING BID PROTEST REGULATIONS, POLYCON IS NOT AN INTERESTED PARTY AND ITS PROTESTS WILL NOT BE CONSIDERED. POLYCON CORPORATION, B-218304; 218305, MAY 17, 1985, 64 COMP.GEN., 85-1 CPD PARA. ---.

THE PROTEST IS DISMISSED.

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