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PROCUREMENT - BID PROTESTS - GAO PROCEDURES - INTERESTED PARTIES - DIRECT INTEREST STANDARDS DIGEST: FIFTH LOW OFFEROR IS NOT AN INTERESTED PARTY TO PROTEST AN AWARD TO AN ALLEGEDLY NONCOMPLYING OFFEROR. EVEN IF THE PROTEST WERE SUSTAINED THE PROTESTER WOULD NOT BE IN LINE FOR AWARD. THE PROTEST IS DISMISSED. 4 C.F.R. DCSC'S OFFER WAS THE FIFTH LOWEST OF SEVEN OFFERORS. SINCE IT IS APPARENT FROM THE SOLICITATION THAT A SINGLE. AGGREGATE AWARD TO THE LOWEST PRICED OFFEROR WAS TO BE MADE. WE FIND THAT DCSC LACKS THE "DIRECT ECONOMIC INTEREST" THAT IS NECESSARY TO MAKE IT AN INTERESTED PARTY UNDER OUR BID PROTEST REGULATIONS. THE PROTEST IS DISMISSED.

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B-227212, JUN 11, 1987, 87-1 CPD 587

PROCUREMENT - BID PROTESTS - GAO PROCEDURES - INTERESTED PARTIES - DIRECT INTEREST STANDARDS DIGEST: FIFTH LOW OFFEROR IS NOT AN INTERESTED PARTY TO PROTEST AN AWARD TO AN ALLEGEDLY NONCOMPLYING OFFEROR. EVEN IF THE PROTEST WERE SUSTAINED THE PROTESTER WOULD NOT BE IN LINE FOR AWARD.

DATA COMMUNICATIONS SYSTEMS CORPORATION:

DATA COMMUNICATIONS SYSTEMS CORPORATION (DCSC) PROTESTS THE AWARD OF A CONTRACT TO SYMPLEX COMMUNICATIONS CORPORATION (SYMPLEX) UNDER REQUEST FOR PROPOSALS (RFP) DAAB07-87-R-1405 ISSUED BY THE ARMY COMMUNICATIONS- ELECTRONICS COMMAND (CECOM), FORT MONMOUTH, NEW JERSEY.

THE PROTEST IS DISMISSED. 4 C.F.R. SEC. 21.3(F) (1986).

DCSC ALLEGES THAT THE LOW OFFERER'S PRODUCT DOES NOT MEET THE REQUIRED SPECIFICATIONS. DCSC'S OFFER WAS THE FIFTH LOWEST OF SEVEN OFFERORS.

THE SOLICITATION PROVIDED THAT AWARD WOULD BE MADE TO THE OFFEROR WHO SUBMITTED THE LOWEST PRICED, TECHNICALLY ACCEPTABLE PROPOSAL. SINCE IT IS APPARENT FROM THE SOLICITATION THAT A SINGLE, AGGREGATE AWARD TO THE LOWEST PRICED OFFEROR WAS TO BE MADE, WE FIND THAT DCSC LACKS THE "DIRECT ECONOMIC INTEREST" THAT IS NECESSARY TO MAKE IT AN INTERESTED PARTY UNDER OUR BID PROTEST REGULATIONS. SEE 4 C.F.R. SEC. 21.0(A) (1986); XMCO, INC., B-225678, MAR. 19, 1987, 87-1 CPD PARA. 315. DCSC, AS THE FIFTH LOWEST OFFEROR, WOULD NOT BE IN LINE FOR AWARD EVEN IF WE SUSTAINED ITS PROTEST AND RECOMMENDED THAT THE AWARD TO SYMPLEX BE TERMINATED. XMCO, INC., B-225678, SUPRA.

THE PROTEST IS DISMISSED.

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