BNUMBER:  B-265982
DATE:  December 26, 1995
TITLE:  Bulloch International

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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. seq., 
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 contract to supply the SCBAs, 
and it is therefore an interested party eligible to maintain this 
protest as Cairnsair's selling agent.

Under the bid protest provisions of the Competition in Contracting Act 
of 1984, 31 U.S.C.  3551-3556 (1988), 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.  4 C.F.R.  21.0(a) (1995).  Although an agent may represent 
an interested party in a protest where it files the protest on behalf 
of a specified interested party and has been authorized to act for 
that party, E&R, Inc., B-255868, Mar. 29, 1994, 94-1 CPD  218; Windet 
Hotel Corp., B-220987, Feb. 6, 1986, 86-1 CPD  138, the agent is not 
itself a prospective bidder or offeror and thus is not an interested 
party to protest on its own behalf.  Priscidon Enters., Inc., 
B-220278, Nov. 13, 1985, 85-2 CPD  549.

As admitted by Bulloch, Bulloch itself would not be awarded the 
contract and thus it is not a prospective offeror.  Although Bulloch 
has stated that it is an authorized selling agent for Cairnsair and 
has previously submitted an offer on behalf of that firm, it does not 
represent that this protest was filed on behalf of Cairnsair.  
Moreover, the record contains no evidence that Cairnsair has consented 
to Bulloch representing Cairnsair in this or any protest.  Cf. E&R, 
Inc., supra (where the sales agent provided proof of authority to 
represent the protester when challenged).  Since Bulloch is not a 
prospective offeror, nor is it protesting on behalf of a prospective 
offeror, Bulloch is not an interested party for the purposes of 
pursuing this protest.  See N.F. Electronics Instruments, B-219661.2, 
Feb. 14, 1986, 86-1 CPD  161; Priscidon Enters., Inc., supra.  
Bulloch's alleged interest in receiving a contingent fee in the event 
Cairnsair is awarded a contract under this solicitation is not the 
type of direct economic interest that would qualify Bulloch as an 
interested party.

The protest is dismissed.

Comptroller General
of the United States