B-223432, JUL 16, 1986, 86-2 CPD 76
Highlights
POTENTIAL SUBCONTRACTOR WHICH IS NOT AN ACTUAL OR PROSPECTIVE BIDDER ITSELF IS NOT AN INTERESTED PARTY. ALLEGING THAT IT IS THE ONLY SMALL BUSINESS PAVING CONTRACTOR IN THE AREA. OUR OFFICE GENERALLY WILL ONLY REVIEW PROTESTS THAT INVOLVE A DIRECT FEDERAL PROCUREMENT AND ARE FILED BY A PARTY THAT MEETS THE DEFINITION OF AN INTERESTED PARTY. AN INTERESTED PARTY IS DEFINED BY THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA). 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. COEUR D'ALENE'S SUBMISSION INDICATES THAT THE PROTESTER IS NOT AN ACTUAL OR PROSPECTIVE BIDDER. THE EXTENT TO WHICH THE PRIME CONTRACTOR MEETS ITS OBLIGATIONS UNDER SMALL BUSINESS SUBCONTRACTING PROVISIONS OF ITS CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION.
B-223432, JUL 16, 1986, 86-2 CPD 76
CONTRACTS - PROTESTS - INTERESTED PARTY REQUIREMENT - POTENTIAL CONTRACTORS, ETC. NOT SUBMITTING BIDS, ETC. DIGEST: TO BE CONSIDERED AN INTERESTED PARTY TO PROTEST GOVERNMENT SOLICITATION, 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 THE FAILURE TO AWARD A CONTRACT. POTENTIAL SUBCONTRACTOR WHICH IS NOT AN ACTUAL OR PROSPECTIVE BIDDER ITSELF IS NOT AN INTERESTED PARTY.
COEUR D'ALENE ASPHALT, INC.:
COEUR D'ALENE ASPHALT, INC. PROTESTS THE AWARD OF A CONTRACT TO GLEN L. WADDELL UNDER INVITATION FOR BIDS NO. R1-04-86-35 ISSUED BY THE UNITED STATES FOREST SERVICE FOR AIRPORT PAVING SERVICES. COEUR D'ALENE, ALLEGING THAT IT IS THE ONLY SMALL BUSINESS PAVING CONTRACTOR IN THE AREA, COMPLAINS THAT WADDELL, A GENERAL CONTRACTOR, HAS FAILED TO SOLICIT SMALL BUSINESS PARTICIPATION FOR THE PROJECT.
WE DISMISS THE PROTEST.
OUR OFFICE GENERALLY WILL ONLY REVIEW PROTESTS THAT INVOLVE A DIRECT FEDERAL PROCUREMENT AND ARE FILED BY A PARTY THAT MEETS THE DEFINITION OF AN INTERESTED PARTY. SEE INDUSTRIAL COMBUSTION, B-222043, FEB. 26, 1986, 86-1 CPD PARA. 201; STACOR CORP., B-220390, NOV. 4, 1985, 85-2 CPD PARA. 521. AN INTERESTED PARTY IS DEFINED BY THE COMPETITION IN CONTRACTING ACT OF 1984 (CICA), 31 U.S.C. SEC. 3551(A) (SUPP. II 1984), AS AN "ACTUAL OR PROSPECTIVE BIDDER OR OFFEROR WHOSE DIRECT ECONOMIC INTEREST WOULD BE AFFECTED BY THE AWARD OF 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) (1986).
COEUR D'ALENE'S SUBMISSION INDICATES THAT THE PROTESTER IS NOT AN ACTUAL OR PROSPECTIVE BIDDER, BUT A POTENTIAL SUBCONTRACTOR DISAPPOINTED AT NOT BEING SELECTED BY WADDELL. SUCH A REMOTE RELATIONSHIP DOES NOT QUALIFY THE PROTESTER AS AN INTERESTED PARTY UNDER CICA OR OUR BID PROTEST REGULATIONS. FURTHER, OUR OFFICE DOES NOT REVIEW PROTESTS CONCERNING THE AWARD OF SUBCONTRACTS EXCEPT IN CIRCUMSTANCES NOT PRESENT HERE. 4 C.F.R. SEC. 21.3(F)(10); STACOR CORP., SUPRA. MOREOVER, THE EXTENT TO WHICH THE PRIME CONTRACTOR MEETS ITS OBLIGATIONS UNDER SMALL BUSINESS SUBCONTRACTING PROVISIONS OF ITS CONTRACT IS A MATTER OF CONTRACT ADMINISTRATION; SUCH MATTERS ARE THE RESPONSIBILITY OF THE CONTRACTING AGENCY, AND ARE NOT CONSIDERED UNDER THE BID PROTEST REGULATIONS. SEE 4 C.F.R. SEC. 21.3(F)(1).
THE PROTEST IS DISMISSED.