B-211747, MAY 31, 1983
Highlights
DIGEST: GAO HAS NO AUTHORITY TO PROHIBIT CONTRACT AWARD PENDING RESOLUTION OF DISTRICT COURT SUIT AGAINST SMALL BUSINESS ADMINISTRATION DETERMINATION THAT BIDDER IS NOT SMALL BUSINESS. PROTESTS THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER THE IFB WHILE THERE IS PENDING IN THE DISTRICT COURT HELLER'S SUIT AGAINST THE SMALL BUSINESS ADMINISTRATION DETERMINATION THAT HELLER IS NOT A SMALL BUSINESS. THE PROPER FORUM FOR SEEKING INJUNCTIVE RELIEF IS THE FEDERAL COURTS.
B-211747, MAY 31, 1983
DIGEST: GAO HAS NO AUTHORITY TO PROHIBIT CONTRACT AWARD PENDING RESOLUTION OF DISTRICT COURT SUIT AGAINST SMALL BUSINESS ADMINISTRATION DETERMINATION THAT BIDDER IS NOT SMALL BUSINESS.
HELLER TRUCK BODY CORPORATION:
HELLER TRUCK BODY CORPORATION (HELLER), THE LOW BIDDER UNDER INVITATION FOR BIDS (IFB) NO. DAAE07-82-B-5940, A SMALL BUSINESS SET ASIDE ISSUED BY THE ARMY TANK-AUTOMOTIVE COMMAND, PROTESTS THE AWARD OF A CONTRACT TO ANY OTHER BIDDER UNDER THE IFB WHILE THERE IS PENDING IN THE DISTRICT COURT HELLER'S SUIT AGAINST THE SMALL BUSINESS ADMINISTRATION DETERMINATION THAT HELLER IS NOT A SMALL BUSINESS.
WE DISMISS THE PROTEST.
OUR OFFICE HAS NO AUTHORITY TO PROHIBIT A CONTRACT AWARD PENDING THE COURT'S RESOLUTION OF THE SUIT. THE PROPER FORUM FOR SEEKING INJUNCTIVE RELIEF IS THE FEDERAL COURTS. CHECK MATE INDUSTRIES, INC., B-194612, JUNE 12, 1979, 79-1 CPD 413. SEE ALSO HOFFMAN - WHITEHEAD CO., B-208472, AUGUST 30, 1982, 82-2 CPD 186; GULF APPAREL CORP., B-206267, FEBRUARY 17, 1982, 82-1 CPD 144.