(Editor’s Note. Since the practical meaning of most regulations are what appeals boards, courts and the Comptroller General say they are, we are continuing our practice of summarizing some of the significant decisions last year affecting grounds for successful protests of award decisions, grounds and dollar entitlement for claims and terminations and cost and defective pricing issues. This article is based on the January 2007 issue of Briefing Papers written by Miki Shager, Counsel to the Department of Agriculture Board of Contract Appeals. We have referenced the cases in the event our readers want to study the cases.)

Interested Party

To have standing to protest a procurement, a rotester must be an interested party – an actual or rospective offeror whose direct economic interest ould be affected by the award. A protester is not an nterested party where the record shows that several ther offerors, not the protester, would be in line for ward (GC Services, Comp. Gen. Dec. B-297807. We ill refer to Comp. Gen. decisions by the name of the company nd the case number). An offeror who would be eligible o compete on a resolicitation if a protest is sustained s an interested party (PDS Consultants, B-297890). A company who could have but chose not to submit a roposal is not an interested party because it had no hance for award (Rex Service Corp. vs. US 448 F.3d 305). A prospective subcontractor is not considered n interested party (Pure Power! V US 70 Fed. Cl. 739).

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