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B-294221 1 (2004-07-09)

handle is hein.gao/gaocrptapnw0001 and id is 1 raw text is: G A 0 Comptroller General SIntegrity Reliability of the United States ~ccountabthty Inert Rea iy United States General Accounting Office Washington, DC 20548 Decision Matter of: Triton Electronic Enterprises, Inc. File: B-294221; B-294248; B-294249 Date: July 9, 2004 Debe Sharp, Triton Electronic Enterprises, Inc., for the protester. Lori S. Chofnas, Esq., Department of the Navy; Glynis L. Bell, Esq., General Services Administration; and Robert E. Sebold, Esq., Defense Logistics Agency, for the agencies. Katherine I. Riback, Esq., and David A. Ashen, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST General Accounting Office, under its bid protest function, does not review protests that an agency improperly proposed a contractor for debarment, as the contracting agency is the appropriate forum for suspension and debarment disputes. DECISION Triton Electronic Enterprises, Inc. protests the failure of the General Services Administration, the Defense Logistics Agency, and the Department of the Navy to set aside certain procurements under the Small Business Administration's 8(a) contracting program. 15 U.S.C. § 637(a) (2000). We dismiss the protest on the basis that Triton is a proposed debarred contractor, and thus is not an interested party to challenge a procurement decision. Under the bid protest provisions of the Competition in Contracting Act of 1984, 31 U.S.C. §§ 3551-3556 (2000), only an interested party may protest a federal procurement. That is, a protester must be an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or the failure to award a contract. Bid Protest Regulations, 4 C.F.R. § 21.0(a) (2004). Since a proposed debarred contractor generally is not eligible for the award of a federal contract, Federal Acquisition Regulation § 9.405(a), such a protester would not be in line for contract award even if its protest were sustained. See Pacrak, Inc., B-236798, Nov. 7, 1989, 89-2 CPD 442 at 1. Therefore, we will not consider a protest from a proposed debarred bidder or offeror.

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