B-231995, Aug 4, 1988
Highlights
PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: Where firm would not be in line for award were its protest sustained. Protest is dismissed. Protester does not have the required direct economic interest in the contract award to be considered an interested party under Bid Protest Regulations. " that is. Must have a direct economic interest in the award of or failure to award a contract. In order to have its protest considered by our Office. A party will not be deemed to have the necessary economic interest where there are other intervening offerors that would be in line for award if the awardee were eliminated from the competition. Information furnished us by DLA indicates that Synthes was the highest- priced of three quoters.
B-231995, Aug 4, 1988
PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: Where firm would not be in line for award were its protest sustained, protest is dismissed; protester does not have the required direct economic interest in the contract award to be considered an interested party under Bid Protest Regulations.
Synthes (U.S.A.):
Synthes (U.S.A.) protest the award of a contract to King Manufacturing Company, pursuant to small purchase requisition No. YPM87328000071, issued by the Defense Logistics Agency (DLA) for orthopedic plates used in the repair of human bone fractures. Synthes asserts that King's products do not comply with the specifications and that DLA has not adequately investigated King's qualifications to supply the orthopedic plates.
Under the Competition in Contracting Act of 1984, 31 U.S.C. Sec. 3551 (Supp. IV 1986), and our Bid Protest Regulations, 4 C.F.R. Secs. 21.0(a) and 21.1(a)(1988), a party must be "interested," that is, must have a direct economic interest in the award of or failure to award a contract, in order to have its protest considered by our Office. Generally, a party will not be deemed to have the necessary economic interest where there are other intervening offerors that would be in line for award if the awardee were eliminated from the competition. System-Analytics Group Corp., B-229836, Apr. 12, 1988, 88-1 CPD Para. 358 (protest of award under small purchase request dismissed on ground that protester lacked requisite direct economic interest due to existence of intervening offeror).
Information furnished us by DLA indicates that Synthes was the highest- priced of three quoters. Since Synthes has made no allegations that the second low quoter, Zimmer, is in any way ineligible for award, and DLA reports that Zimmer would be in line for award were the protest sustained, Synthes is not an interested party and we will not consider its protest. System-Analytics Group Corp., B-229836, supra.
The protest is dismissed.