B-229577, Jan 12, 1988, 88-1 CPD 21
Highlights
PROCUREMENT - Bid Protests - GAO Procedures - Interested Parties DIGEST: Large business protester is not an interested party to protest allegedly ambiguous specifications in a small business set-aside solicitation. Are ambiguous. The protester contends that it was not aware of the alleged deficiencies until after variances in bidding were revealed at bid opening. In order to be eligible to have a protest considered by our Office. A protester would not be in line for an award even if its protest were resolved in its favor. We will not consider the protest on the merits. The solicitation in question here is a total small business set aside. The protester certified in its bid that it was not a small business.
B-229577, Jan 12, 1988, 88-1 CPD 21
PROCUREMENT - Bid Protests - GAO Procedures - Interested Parties DIGEST: Large business protester is not an interested party to protest allegedly ambiguous specifications in a small business set-aside solicitation, since the protester would not be affected by the resolution of the issue.
National Medical Homecare:
National Medical Homecare protests that specifications in invitation for bids (IFB) No. 629-66-87, a total small business set-aside, issued by the Veterans Administration, are ambiguous. The protester contends that it was not aware of the alleged deficiencies until after variances in bidding were revealed at bid opening. We dismiss the protest.
In order to be eligible to have a protest considered by our Office, a firm must be an "interested party" under our Bid Protest Regulations, 4 C.F.R. Secs. 21.0(a) and 21.1(a) (1987). Where, for various reasons, a protester would not be in line for an award even if its protest were resolved in its favor, the firm lacks standing as an interested party, and we will not consider the protest on the merits. Hayes International Corp., B-224119, Jan. 2, 1987, 87-1 CPD Para. 2.
The solicitation in question here is a total small business set aside, and the protester certified in its bid that it was not a small business. We have specifically held that since a large business protester is ineligible for award under a proper small business set aside, we will not consider its objection to an alleged solicitation deficiency; the protester is not an interested party that would be affected by resolution of the issue. Telex Communications, Inc., B-216947, Nov. 26, 1984, 84-2 CPD Para. 563.
The protest is dismissed.