Protest Against Contracting Officer's Decision

A firm protested a contracting officer's decision not to delay the award of a General Services Administration's (GSA) contract for plastic bags while the protester appealed its suspension from future contracting and subcontracting with GSA. The protester was suspended from future contracting and subcontracting due to a criminal indictment handed down by the court. Although the protester appealed the suspension, the contracting officer refused to delay the contract award. GAO held that the protest was academic since the court upheld the protester's suspension. Moreover, under bid protest procedures, the protester could not protest the award since a suspended firm or individual is not an interested party and is ineligible for the agency's contracts during the period of suspension. Accordingly, the protest was dismissed.