B-222649.2, B-222649.3, JUL 11, 1986, 86-2 CPD 62
Highlights
A UNION LOCAL IS NOT AN INTERESTED PARTY ELIGIBLE TO MAINTAIN A PROTEST BEFORE GAO SINCE IT IS NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR UNDER THE SOLICITATION INVOLVED. THE ARMY IS USING THE SOLICITATION FOR PURPOSES OF COMPARING THE COST OF CONTRACTING FOR CERTAIN SERVICES WITH THE COST OF PERFORMING THEM IN-HOUSE. ARE NOT ACTUAL OR PROSPECTIVE BIDDERS OR OFFERORS UNDER THE CITED SOLICITATION. THE PROTESTERS ARE NOT INTERESTED PARTIES ELIGIBLE TO MAINTAIN PROTESTS BEFORE OUR OFFICE. THIS OFFICE DOES NOT HAVE JURISDICTION TO DECIDE WHAT INFORMATION AN AGENCY MUST DISCLOSE UNDER FOIA. A PROTESTER'S RECOURSE IS TO PURSUE THE DISCLOSURE REMEDIES UNDER THE PROCEDURES PROVIDED BY THE STATUTE ITSELF.
B-222649.2, B-222649.3, JUL 11, 1986, 86-2 CPD 62
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - TRADE ASSOCIATIONS, ETC. DIGEST: 1. A UNION LOCAL IS NOT AN INTERESTED PARTY ELIGIBLE TO MAINTAIN A PROTEST BEFORE GAO SINCE IT IS NOT AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR UNDER THE SOLICITATION INVOLVED. FREEDOM OF INFORMATION ACT - GENERAL ACCOUNTING OFFICE AUTHORITY 2. GAO HAS NO AUTHORITY TO DECIDE WHAT INFORMATION AN AGENCY MUST DISCLOSE UNDER THE FREEDOM OF INFORMATION ACT.
THE INTERNATIONAL BROTHERHOOD OF FIREFIGHTERS AND OILERS, LOCAL 1200; INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, ARSENAL LODGE 81:
THE INTERNATIONAL BROTHERHOOD OF FIREFIGHTERS AND OILERS, LOCAL 1200, AND THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, ARSENAL LODGE 81, PROTEST THE DEPARTMENT OF THE ARMY'S REFUSAL, IN RESPONSE TO REQUESTS UNDER THE FREEDOM OF INFORMATION ACT (FOIA), TO PROVIDE ACCESS TO CERTAIN PARTS OF A MANAGEMENT STUDY UNDERTAKEN IN CONNECTION WITH REQUEST FOR PROPOSALS NO. DAAA08-85-R 0053. APPARENTLY, THE ARMY IS USING THE SOLICITATION FOR PURPOSES OF COMPARING THE COST OF CONTRACTING FOR CERTAIN SERVICES WITH THE COST OF PERFORMING THEM IN-HOUSE. WE DISMISS THE PROTESTS.
UNDER THE COMPETITION IN CONTRACTING ACT OF 1984, 31 U.S.C. SEC. 3551(2) (SUPP. II 1984), AND OUR BID PROTEST REGULATIONS, 4 C.F.R. SEC. 21.0(A) (1986), A PROTEST MAY BE BROUGHT ONLY BY AN "INTERESTED PARTY," DEFINED AS AN ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OR FAILURE TO AWARD THE CONTRACT INVOLVED. HERE, THE PROTESTERS, UNION LOCALS, ARE NOT ACTUAL OR PROSPECTIVE BIDDERS OR OFFERORS UNDER THE CITED SOLICITATION. CONSEQUENTLY, THE PROTESTERS ARE NOT INTERESTED PARTIES ELIGIBLE TO MAINTAIN PROTESTS BEFORE OUR OFFICE. NATIONAL FEDERATION OF FEDERAL EMPLOYEES LOCAL 2049, B-220838, OCT. 23, 1985, 85-2 CPD PARA. 454.
IN ANY EVENT, THIS OFFICE DOES NOT HAVE JURISDICTION TO DECIDE WHAT INFORMATION AN AGENCY MUST DISCLOSE UNDER FOIA. RATHER, A PROTESTER'S RECOURSE IS TO PURSUE THE DISCLOSURE REMEDIES UNDER THE PROCEDURES PROVIDED BY THE STATUTE ITSELF. LABARGE PRODUCTS, 64 COMP.GEN. 828 (1985), 85-2 CPD PARA. 270.
THE PROTESTS ARE DISMISSED.