B-171122, FEB 9, 1971

B-171122: Feb 9, 1971

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BID PROTEST - CURRENT LITIGATION BECAUSE IT IS CONTRARY TO GAO POLICY TO RENDER A DECISION ON A BID PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION. GAO IS CLOSING THE FILE ON THE PROTEST WITHOUT FURTHER ACTION. TO PREMIER ELECTRICAL CONSTRUCTION CO.: FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 23. SINCE IT IS CONTRARY TO THE POLICY OF THIS 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-171122, FEB 9, 1971

BID PROTEST - CURRENT LITIGATION BECAUSE IT IS CONTRARY TO GAO POLICY TO RENDER A DECISION ON A BID PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION, AND PROTESTANT HAS FILED AN ACTION IN THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS SEEKING AN INJUNCTION TO COMPEL THE SECRETARY OF TRANSPORTATION AND THE FAA TO CANCEL THE AWARD TO GENERAL ELECTRICAL CONTRACTORS, INC., GAO IS CLOSING THE FILE ON THE PROTEST WITHOUT FURTHER ACTION.

TO PREMIER ELECTRICAL CONSTRUCTION CO.:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 23, 1970, AND SUBSEQUENT CORRESPONDENCE CONCERNING YOUR PROTEST OF THE AWARD OF A CONTRACT TO GENERAL ELECTRICAL CONTRACTORS, INC. (GENERAL), UNDER SOLICITATION NO. CEOO-1-17, ISSUED BY THE FEDERAL AVIATION ADMINISTRATION.

IT HAS COME TO OUR ATTENTION THAT YOUR COMPANY FILED AN ACTION IN THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION, ON DECEMBER 9, 1970 REQUESTING, INTER ALIA, AN INJUNCTION TO COMPEL THE SECRETARY OF THE DEPARTMENT OF TRANSPORTATION AND THE ADMINISTRATOR OF THE FEDERAL AVIATION ADMINISTRATION TO CANCEL THE AWARD TO GENERAL AND GRANT THE CONTRACT TO YOUR CONCERN.

SINCE IT IS CONTRARY TO THE POLICY OF THIS 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.