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B-265982 1 (1995-12-26)

handle is hein.gao/gaocrptacfo0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Bulloch International File: B-265982 Date: December 26, 1995 John Hobbs for the protester. Geoffrey D. Chun, Esq., Department of the Navy, for the agency. Henry J. Gorczycki, Esq., and James A. Spangenberg, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST An authorized selling agent of a prospective offeror under a solicitation is not itself a prospective offeror and thus, where the agent files a protest of a solicitation on its own behalf, rather than on behalf of the prospective offeror, the agent is not an interested party to pursue the protest. DECISION Bulloch International protests request for proposals (RFP) No. N00189-95-R-0237, issued by the Navy anticipating a sole source award to Scott Aviation for self- contained breathing apparatus (SCBA) and accessories for use by the fire department at Naval Air Station, Sigonella, Italy. Bulloch alleges that the proposed sole source award is improper. We dismiss the protest because the protester is not an interested party. Bulloch filed this protest alleging that the agency's requirements could be satisfied by a number of manufacturers's SCBAs. Bulloch's protest did not represent that it was filed on behalf of any other firm. As the protest developed, Bulloch was asked to identify the specific manufacturer's product which it would propose if the Navy removed the sole source restriction. Bulloch stated that it would propose SCBAs manufactured by Cairnsair, Division of Cairns Brothers, Inc. The Navy then alleged that Bulloch was not an regular dealer of Cairnsair SCBAs under the Walsh-Healy Public Contract Act, 41 U.S.C. § 35 et. seg., and thus was not eligible for award under this RFP. The Navy requested dismissal of Bulloch's protest on the basis that Bulloch was not an interested party to protest the RFP. In response, Bulloch stated that it is an authorized selling agent for Cairnsair, which would be the entity that would actually 4511226

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