B-171050(1), MAR 11, 1971

B-171050(1): Mar 11, 1971

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BID PROTEST - PENDING LITIGATION NOTIFICATION THAT PROTEST OF VIGUIE FILMS IS BEING CLOSED WITHOUT FURTHER ACTION BECAUSE PROTESTANT HAS FILED AN ACTION IN THE U.S. MYER KOONIN: FURTHER REFERENCE IS MADE TO YOUR TELEFAX DATED OCTOBER 16. SINCE IT IS CONTRARY TO THE POLICY OF OUR OFFICE TO RENDER A DECISION ON A BID PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION IN A COURT OF COMPETENT JURISDICTION. PLEASE BE ADVISED THAT WE ARE CLOSING OUR FILE ON YOUR PROTEST WITHOUT FURTHER ACTION.

B-171050(1), MAR 11, 1971

BID PROTEST - PENDING LITIGATION NOTIFICATION THAT PROTEST OF VIGUIE FILMS IS BEING CLOSED WITHOUT FURTHER ACTION BECAUSE PROTESTANT HAS FILED AN ACTION IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA INVOLVING THE SAME MATERIAL ISSUES.

TO MR. MYER KOONIN:

FURTHER REFERENCE IS MADE TO YOUR TELEFAX DATED OCTOBER 16, 1970, AND LETTER DATED NOVEMBER 12, 1970, PROTESTING ON BEHALF OF VIGUIE FILMS, THE AWARD OF A CONTRACT TO ANOTHER FIRM UNDER REQUEST FOR PROPOSALS NO. 85-70- HEW-OS, ISSUED BY THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE.

IT HAS COME TO OUR ATTENTION THAT VIGUIE FILMS FILED AN ACTION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, ON NOVEMBER 30, 1970, CIVIL ACTION FILE NO. 3491-70, REQUESTING, INTER ALIA, AN INJUNCTION TO COMPEL THE SECRETARY OF HEALTH, EDUCATION AND WELFARE TO CANCEL OR STAY THE AWARD TO TRANSFRONTIER FILMS AND ADJUDGE VIGUIE FILMS ENTITLED TO THE CONTRACT.

SINCE IT IS CONTRARY TO THE POLICY OF OUR OFFICE TO RENDER A DECISION ON A BID PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION IN A COURT OF COMPETENT JURISDICTION, AS IN THE SUBJECT CASE, PLEASE BE ADVISED THAT WE ARE CLOSING OUR FILE ON YOUR PROTEST WITHOUT FURTHER ACTION.