Protest of Sole-Source Contract Award

A firm protested the award of a sole-source contract for heavy-duty electronic equipment cabinets. The original solicitation sought offers for 25 cabinets constructed to either of two design specifications. The protester was the low-priced offeror in the original competitive procurement for the 25 cabinets. This contract was terminated for default, a matter which is now the subject of proceedings under the disputes clause of the contract. A sole-source contract was then awarded to the competitive firm for 25 cabinets. The protester contended that the requirement for these cabinets should have been incorporated into the competitive solicitation by amendment, and that the contract awarded to the competing firm was improper. Bid protest procedures require that a party must be an interested party in order for its protest to be considered. The termination for default of the protester's contract effectively ended its interest in its resolution. The protester's interest in this procurement was limited to the question of the propriety of the default termination, which was a matter for resolution under the pending disputes proceedings and was not for consideration by GAO. The protest was dismissed.