B-177773, FEB 13, 1973

B-177773: Feb 13, 1973

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DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THAT THIS SALE WAS EXEMPTED FROM THE PROCEDURAL REQUIREMENTS OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT. GAO IS CLOSING ITS FILES IN THIS MATTER WITHOUT FURTHER ACTION. THE APPLICATION FOR A TEMPORARY RESTRAINING ORDER WAS DENIED AFTER ARGUMENT ON JANUARY 16. WAS FILED WITH THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA. THIS APPEAL WAS DENIED PER CURIAM ON JANUARY 19. A HEARING WAS HELD ON THE MOTION FOR PRELIMINARY INJUNCTION. IN THE MEMORANDUM AND ORDER THE DISTRICT COURT RULED THAT THE CONTESTED SALE IS EXEMPTED FROM THE PROCEDURAL REQUIREMENTS OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT. WE ARE CLOSING OUR FILE WITHOUT FURTHER ACTION.

B-177773, FEB 13, 1973

BID PROTEST - JUDICIAL DETERMINATIONS CONCERNING THE PROTEST OF VOLT INFORMATION SERVICES, INC., AGAINST THE PROPOSED SALE OF THE OPERATION BREAKTHROUGH HOUSING PROJECT IN JERSEY CITY, N.J., TO ANY OTHER FIRM BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. IN LIGHT OF THE DETERMINATION BY THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA THAT THIS SALE WAS EXEMPTED FROM THE PROCEDURAL REQUIREMENTS OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT, 40 U.S.C. 471, ET SEQ., BY SECTION 108 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1970, 12 U.S.C. 1701Z (1-4) AS WELL AS BY THE 40 U.S.C. 474(11) EXEMPTION, GAO IS CLOSING ITS FILES IN THIS MATTER WITHOUT FURTHER ACTION.

TO SULLIVAN, BEAUREGARD, MEYERS & CLARKSON:

BY LETTER DATED JANUARY 11, 1973, YOU PROTESTED AS COUNSEL FOR VOLT INFORMATION SERVICES, INC. (VOLT), THE PROPOSED SALE OF THE OPERATION BREAKTHROUGH HOUSING PROJECT IN JERSEY CITY, NEW JERSEY, TO ANY OTHER FIRM BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). YOU MAINTAIN THAT HUD CONDUCTED NEGOTIATIONS IN A MANNER WHICH VIOLATED THE STATUTES AND REGULATIONS APPLICABLE TO THE DISPOSAL OF REAL PROPERTY.

THEREAFTER, YOU FILED A COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTION AND SUPPORTING AFFIDAVIT IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA (DISTRICT COURT) ON JANUARY 15, 1973, CIVIL ACTION 91 -73. SIMULTANEOUSLY, YOU FILED IN THE SAME COURT AN APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION. THE APPLICATION FOR A TEMPORARY RESTRAINING ORDER WAS DENIED AFTER ARGUMENT ON JANUARY 16, 1973. ON JANUARY 18, 1973, A NOTICE OF APPEAL FROM THE DISTRICT COURT ORDER DENYING THE APPLICATION FOR A TEMPORARY RESTRAINING ORDER, CASE NO. 73-1060, WAS FILED WITH THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA. THIS APPEAL WAS DENIED PER CURIAM ON JANUARY 19.

ON JANUARY 26, 1973, A HEARING WAS HELD ON THE MOTION FOR PRELIMINARY INJUNCTION. BY MEMORANDUM AND ORDER DATED JANUARY 31, 1973, THE DISTRICT COURT DENIED THE MOTION FOR PRELIMINARY INJUNCTION. IN THE MEMORANDUM AND ORDER THE DISTRICT COURT RULED THAT THE CONTESTED SALE IS EXEMPTED FROM THE PROCEDURAL REQUIREMENTS OF THE FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES ACT, 40 U.S.C. 471, ET SEQ., BY SECTION 108 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1970, 12 U.S.C. 1701Z (1 4), AS WELL AS BY THE EXEMPTION CONTAINED IN 40 U.S.C. 474(11).

IN VIEW OF THE JUDICIAL DETERMINATION THAT HUD ACTED IN COMPLIANCE WITH THE APPLICABLE STATUTES, WE ARE CLOSING OUR FILE WITHOUT FURTHER ACTION.