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B-276726 1 (1997-06-24)

handle is hein.gao/gaocrptafzm0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: Wingfield & Hundley Elevator Co., Inc. File: B-276726 Date: June 24, 1997 Eric L. Boyer for the protester. Philip Leber, Esq., Department of Veterans Affairs, for the agency. Katherine Riback, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST Protester is not an interested party to assert that the contracting agency improperly evaluated awardee's equal product in a brand name or equal procurement where the protester would not be in line for award even if the allegation were correct. DECISION Wingfield & Hundley Elevator Co., Inc. protests the Department of Veterans Affairs's award of an elevator modernization contract to Montgomery Kone under invitation for bids (IFB) No. 652-64-97. The protester contends that the awardee's equal product does not conform to certain salient characteristics required by the solicitation. We dismiss the protest. The IFB was issued on December 31, 1996, soliciting bids on a brand-name-or-equal basis for an elevator upgrade and elevator maintenance for a 7-month period. The agency received seven bids, including the protester's and the awardee's. Montgomery Kone's low bid was for an equal product; Wingfield & Hundley submitted the third low bid. Montgomery Kone's offered product was determined to be acceptable, and the agency made award to that firm. This protest to our Office followed in which the protester questions the agency's evaluation of Montgomery Ko ne's equal product. Under the Competition in Contracting Act of 1984 and our regulations, a protester must qualify as an interested party before its protest may be considered by our Office. See 4 C.F.R. § 21.1(a) (1997). That is, a protester must have a direct economic interest which would be affected by the award of a contract, or the failure to award a contract. 4 C.F.R. § 21.0(a).

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