B-225678, MAR 19, 1987, 87-1 CPD 315
Highlights
PROCUREMENT - BID PROTESTS - GAO PROCEDURES - INTERESTED PARTIES - DIRECT INTEREST STANDARDS DIGEST: FIFTH LOW OFFEROR UNDER A CANCELED SOLICITATION IS NOT AN INTERESTED PARTY TO PROTEST THE CANCELLATION AND ALLEGED SUBSEQUENT SOLE-SOURCE AWARD. EVEN IF THE PROTEST WERE SUSTAINED AND THE SOLICITATION REINSTATED. WE HAVE HELD THAT THIS LANGUAGE REQUIRES THAT AWARD BE MADE TO THE LOWEST-PRICED. RESPONSIBLE OFFEROR WHOSE PROPOSAL IS DETERMINED TO BE TECHNICALLY ACCEPTABLE. THE RECORD SHOWS THAT XMCO'S OFFER WAS THE HIGHEST OF THE FIVE OFFERS RECEIVED IN RESPONSE TO THE RFP. SINCE IT IS APPARENT FROM SOLICITATION THAT A SINGLE. AGGREGATE AWARD TO THE LOWEST-PRICED OFFEROR WAS TO BE MADE. WE FIND THAT XMCO LACKS THE "DIRECT ECONOMIC INTEREST" THAT IS NECESSARY TO MAKE IT AN INTERESTED PARTY UNDER OUR BID PROTEST REGULATIONS.
B-225678, MAR 19, 1987, 87-1 CPD 315
PROCUREMENT - BID PROTESTS - GAO PROCEDURES - INTERESTED PARTIES - DIRECT INTEREST STANDARDS DIGEST: FIFTH LOW OFFEROR UNDER A CANCELED SOLICITATION IS NOT AN INTERESTED PARTY TO PROTEST THE CANCELLATION AND ALLEGED SUBSEQUENT SOLE-SOURCE AWARD. EVEN IF THE PROTEST WERE SUSTAINED AND THE SOLICITATION REINSTATED, THE PROTESTER WOULD NOT BE IN LINE FOR AWARD.
XMCO, INC.:
XMCO, INC. PROTESTS THE CANCELLATION OF REQUEST FOR PROPOSALS (RFP) NO. DAMD17-87-R-0024 ISSUED BY THE DEPARTMENT OF THE ARMY FOR THE ACQUISITION OF DOMESTIC AND FOREIGN JOURNAL SUBSCRIPTIONS, AND ASSOCIATED ON-LINE COMPUTER SERVICES. XMCO ALSO ASSERTS THAT THE AGENCY SUBSEQUENTLY ACQUIRED THE SERVICES BY MAKING AN IMPROPER SOLE SOURCE CONTRACT AWARD.
THE SOLICITATION PROVIDED THAT AWARD WOULD BE MADE TO THE RESPONSIBLE OFFEROR WHOSE OFFER, CONFORMING TO THE SOLICITATION, WOULD BE MOST ADVANTAGEOUS TO THE GOVERNMENT, COST OR PRICE AND OTHER FACTORS SPECIFIED IN THE SOLICITATION CONSIDERED. WE HAVE HELD THAT THIS LANGUAGE REQUIRES THAT AWARD BE MADE TO THE LOWEST-PRICED, RESPONSIBLE OFFEROR WHOSE PROPOSAL IS DETERMINED TO BE TECHNICALLY ACCEPTABLE. KREONITE, INC., B-222439, JULY 11, L986, 86-2 CPD PARA 60. THE RECORD SHOWS THAT XMCO'S OFFER WAS THE HIGHEST OF THE FIVE OFFERS RECEIVED IN RESPONSE TO THE RFP.
SINCE IT IS APPARENT FROM SOLICITATION THAT A SINGLE, AGGREGATE AWARD TO THE LOWEST-PRICED OFFEROR WAS TO BE MADE, WE FIND THAT XMCO LACKS THE "DIRECT ECONOMIC INTEREST" THAT IS NECESSARY TO MAKE IT AN INTERESTED PARTY UNDER OUR BID PROTEST REGULATIONS. SEE 4 C.F.R. SEC. 21.0(A) (1986); FALCON MANAGEMENT, INC., B-222200.2, MAY 9, 1986, 86-1 CPD PARA. 448. XMCO, AD THE FIFTH LOW OFFEROR, WOULD NOT BE IN LINE FOR AWARD EVEN IF WE SUSTAINED ITS PROTEST AND RECOMMENDED THAT THE ALLEGED SOLE-SOURCE AWARD BE TERMINATED AND THE RFP REINSTATED. ID.
ACCORDINGLY, WE WILL NOT CONSIDER XMCO'S PROTEST ON THE MERITS.
THE PROTEST IS DISMISSED.