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PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: Protester is not an interested party eligible to protest agency's failure to reject other bids as nonresponsive for failure to include phase-in and transition plans. Where second low bid did include these plans and thus would be selected for award even if the protest were sustained. A protester lacks standing as an interested party where it would not be in line for award if its protest were sustained. The Army has advised us that TTI was the sixth low bidder and that. Would be in line for award if we found the protest to have merit. TTI is not an interested party. The protest is dismissed.

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B-232756, Oct 6, 1988, 88-2 CPD 334

PROCUREMENT - Bid Protests - GAO procedures - Interested parties DIGEST: Protester is not an interested party eligible to protest agency's failure to reject other bids as nonresponsive for failure to include phase-in and transition plans, where second low bid did include these plans and thus would be selected for award even if the protest were sustained.

Technical Training Institute:

Technical Training Institute (TTI) protests that the Department of the Army improperly has failed to reject as nonresponsive bids that did not include phase-in and transition plans, as required under invitation for bids No. DABT39-88-B-0079, for vehicle maintenance.

To be eligible to pursue a protest, a protester must be an interested party within the meaning of our Bid Protest Regulations. See 4 C.F.R. Secs. 21.0(a) and 21.1(a) (1988). A protester lacks standing as an interested party where it would not be in line for award if its protest were sustained. Priscidon Enterprises, Inc., B-230035, Mar. 18, 1988, 88-1 CPD Para. 290.

The Army has advised us that TTI was the sixth low bidder and that, although several firms did not submit phase-in and transition plans as TTI alleges, the second low bidder did submit these plans, and that this bidder, not TTI, would be in line for award if we found the protest to have merit. Under these circumstances, TTI is not an interested party.

The protest is dismissed.

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