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PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Suspended/debarred contractors DIGEST: Protester is not an interested party to maintain protest where it has been suspended from government contracting and would not be eligible to receive award even if its protest were sustained. Which was issued by the Army for 35. K&K alleges that it was improperly excluded from the competition. Federal Acquisition Regulation Sec. 9.405 (FAC 84-53) provides that suspended contractors are excluded from receiving government contract awards. Since K&K therefore would not be eligible for award under the challenged RFP even if its protest were sustained. It is not an interested party to maintain a protest under our Bid Protest Regulations.

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B-239838.2, Jul 9, 1990

PROCUREMENT - Bid Protests - GAO procedures - Interested parties - Suspended/debarred contractors DIGEST: Protester is not an interested party to maintain protest where it has been suspended from government contracting and would not be eligible to receive award even if its protest were sustained.

Attorneys

K&K Engineered Products, Inc.:

K&K Engineered Products, Inc. protests the Army's award of a contract to Minowitz Manufacturing Company under request for proposals (RFP) No. DAAE07-90-R-J028, which was issued by the Army for 35,811 cylinder sleeves and piston assemblies. K&K alleges that it was improperly excluded from the competition.

By letter of June 21, 1990, the Army notified K&K that the firm had been suspended from receiving government contracts. Federal Acquisition Regulation Sec. 9.405 (FAC 84-53) provides that suspended contractors are excluded from receiving government contract awards. Since K&K therefore would not be eligible for award under the challenged RFP even if its protest were sustained, it is not an interested party to maintain a protest under our Bid Protest Regulations, 4 C.F.R. Sec. 21.0(a) (1990). Waste Conversion, Inc., B-234761, Apr. 11, 1989, 89-1 CPD Para. 371.

The protest is dismissed.

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