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B-231970, Sep 2, 1988, 88-2 CPD 211

B-231970 Sep 02, 1988
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Filed by a firm whose interest is that of a supplier. Is dismissed since protester is not an "interested party" eligible to have its protest considered under the Competition in Contracting Act of 1984 and the General Accounting Office's implementing Bid Protest Regulations. Brooks Woolley states that is is "not the primary bidder. This Office will only decide a protest filed by an "interested party. A prospective subcontractor or supplier does not have the requisite interest to be considered an interested party to protest under CICA since it is not a prospective or actual offeror. This protest concerns specifications contained in the IFB and was filed 2 months after bid opening. It is.

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B-231970, Sep 2, 1988, 88-2 CPD 211

PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: Protest of specifications as unduly restrictive of competition, filed by a firm whose interest is that of a supplier, is dismissed since protester is not an "interested party" eligible to have its protest considered under the Competition in Contracting Act of 1984 and the General Accounting Office's implementing Bid Protest Regulations.

Brooks Woolley, Inc.:

Brooks Woolley, Inc., protests as unduly restrictive of competition the specifications in invitation for bids (IFB) No. 573-028-88, issued by the Veterans Administration (VA) for the replacement of a 980-ton chiller at the VA Medical Center in Gainesville, Florida.

In its comments on the agency's report, Brooks Woolley states that is is "not the primary bidder, but a major equipment supplier." The record shows that the protester did not submit a bid. Under the Competition in Contracting Act of 1984 (CICA), this Office will only decide a protest filed by an "interested party," which CICA defines 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." 31 U.S.C. Sec. 3551(2) (Supp. IV 1986); Bid Protest Regulations, 4 C.F.R. Sec. 21.0(a) (1988). A prospective subcontractor or supplier does not have the requisite interest to be considered an interested party to protest under CICA since it is not a prospective or actual offeror. Perma-Pipe Div. of Midwesco, Inc., B-230702, Apr. 14, 1988, 88-1 CPD Para. 368.

Moreover, this protest concerns specifications contained in the IFB and was filed 2 months after bid opening; it is, therefore, untimely under our regulations which require protests based on alleged improprieties in a solicitation which was apparent prior to bid opening to be filed prior to that time. 4 C.F.R. Sec. 21.2(a)(2).

The protest is dismissed.

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