B-211613, MAY 27, 1983
Highlights
DIGEST: PROTEST IS DISMISSED WHERE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION. THE BASIS FOR THE SUIT IS SUBSTANTIALLY THE SAME AS THAT PRESENTED TO OUR OFFICE IN THE PROTEST. IT IS OUR POLICY NOT TO DECIDE PROTESTS WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS. THE PROTEST THEREFORE IS DISMISSED.
B-211613, MAY 27, 1983
DIGEST: PROTEST IS DISMISSED WHERE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION, THE PLAINTIFF HAS NOT REQUESTED JUDICIAL RELIEF PENDING A GAO DECISION, AND THE COURT HAS NOT INDICATED INTEREST IN A GAO DECISION.
TOWN CENTER SECURITY CORPORATION:
TOWN CENTER SECURITY CORPORATION PROTESTS THE GENERAL SERVICES ADMINISTRATION'S (GSA) AWARD OF A CONTRACT TO GENERAL SECURITY SERVICES CORPORATION UNDER SOLICITATION NO. GS-05B-42334. TOWN CENTER CONTENDS THAT GSA IMPROPERLY APPLIED A PROMPT PAYMENT DISCOUNT IN EVALUATING THE AWARDEE'S PROPOSAL.
TOWN CENTER HAS ALSO FILED A SUIT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN (CIVIL ACTION NO. 83-CV-1637 DT). THE BASIS FOR THE SUIT IS SUBSTANTIALLY THE SAME AS THAT PRESENTED TO OUR OFFICE IN THE PROTEST.
IT IS OUR POLICY NOT TO DECIDE PROTESTS WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS, EXPECTS OR OTHERWISE EXPRESSES AN INTEREST IN OUR DECISION. C.F.R. SEC. 21.10 (1983). TOWN CENTER HAS NOT REQUESTED JUDICIAL RELIEF PENDING A DECISION BY THIS OFFICE, AND THE COURT HAS NOT EXPRESSED AN INTEREST IN OUR DECISION.
THE PROTEST THEREFORE IS DISMISSED. SEE SPACE AGE ENGINEERING, INC., B-205594, JANUARY 18, 1982, 82-1 CPD 40.