B-167896, JAN. 16, 1970

B-167896: Jan 16, 1970

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SINCE SUIT HAS BEEN BROUGHT GAO WILL NOT ENTERTAIN PROTEST. PROTEST MAY BE RENEWED AND COMPTROLLER GENERAL WILL GIVE FURTHER CONSIDERATION TO REMAINING ISSUES WHICH MAY BE WITHIN GAO JURISDICTION. YOU NOW INQUIRE WHETHER SUCH ACTION IS WITHOUT PREJUDICE TO RENEWAL OF THE PROTEST WITH OUR OFFICE UPON CONCLUSION OF THE COURT ACTION IN THE EVENT THE MATTER IS NOT RENDERED MOOT BY THE ORDER OF THE COURT. YOU MAY RENEW YOUR PROTEST AND WE WILL THEN GIVE FURTHER CONSIDERATION TO ANY OF THE REMAINING ISSUES WHICH MAY BE WITHIN THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE.

B-167896, JAN. 16, 1970

BID PROTEST--PROCUREMENT OF TABLE GRAPES LETTER CONCERNING PROTEST FROM UNITED FARM WORKERS ORGANIZING COMMITTEE AFL-CIO, AGAINST AWARD BY DEFENSE SUPPLY AGENCY FOR PROCUREMENT OF TABLE GRAPES. SINCE SUIT HAS BEEN BROUGHT GAO WILL NOT ENTERTAIN PROTEST. HOWEVER, IF COURT ACTION DOES NOT DISPOSE OF ISSUES, PROTEST MAY BE RENEWED AND COMPTROLLER GENERAL WILL GIVE FURTHER CONSIDERATION TO REMAINING ISSUES WHICH MAY BE WITHIN GAO JURISDICTION.

TO SHEA & GARDNER:

WE REFER TO YOUR LETTER OF DECEMBER 19, 1969, CONCERNING A PROTEST WHICH YOUR MR. HORNBOSTEL DELIVERED TO OUR OFFICE ON SEPTEMBER 12, 1969, FROM THE UNITED FARM WORKERS ORGANIZING COMMITTEE AFL-CIO, AGAINST AWARD BY THE DEFENSE SUPPLY AGENCY OF CONTRACTS FOR THE PROCUREMENT OF FRESH TABLE GRAPES DURING THE FISCAL YEARS 1966 THROUGH 1969, AND AGAINST SIMILAR FUTURE PROCUREMENTS.

IN VIEW OF THE INSTITUTION BY THE PROTESTOR OF PROCEEDINGS IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA TO ENJOIN THE DEPARTMENT OF DEFENSE FROM MAKING ANY SIMILAR PURCHASES PURSUANT TO A PETITION WHICH INCLUDES MANY OF THE CHARGES MADE IN THE PROTEST IN QUESTION, WE ADVISED YOU BY LETTER OF NOVEMBER 25, 1969, THAT WE DID NOT BELIEVE THAT IT WOULD BE APPROPRIATE FOR OUR OFFICE TO GIVE THE MATTER FURTHER CONSIDERATION. YOU NOW INQUIRE WHETHER SUCH ACTION IS WITHOUT PREJUDICE TO RENEWAL OF THE PROTEST WITH OUR OFFICE UPON CONCLUSION OF THE COURT ACTION IN THE EVENT THE MATTER IS NOT RENDERED MOOT BY THE ORDER OF THE COURT.

PLEASE BE ADVISED THAT, IN THE EVENT THE COURT'S ACTION DOES NOT DISPOSE OF THE ISSUES RAISED IN YOUR SEPTEMBER 12 LETTER TO THIS OFFICE, YOU MAY RENEW YOUR PROTEST AND WE WILL THEN GIVE FURTHER CONSIDERATION TO ANY OF THE REMAINING ISSUES WHICH MAY BE WITHIN THE JURISDICTION OF THE GENERAL ACCOUNTING OFFICE.