B-185384, MAR 29, 1976
Highlights
WHERE BID PROTEST IS PENDING IN COURT AND PLAINTIFF HAS NOT REQUESTED INJUNCTIVE RELIEF PENDING GAO DETERMINATION AND COURT HAS NOT OTHERWISE INDICATED ANY INTEREST IN OUR VIEWS. PROTEST IS DISMISSED. A PROTEST WILL NOT BE DECIDED BY THIS OFFICE WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS. THIS PROTEST IS DISMISSED.
B-185384, MAR 29, 1976
WHERE BID PROTEST IS PENDING IN COURT AND PLAINTIFF HAS NOT REQUESTED INJUNCTIVE RELIEF PENDING GAO DETERMINATION AND COURT HAS NOT OTHERWISE INDICATED ANY INTEREST IN OUR VIEWS, PROTEST IS DISMISSED.
ELECTRA-MECHANICAL OF AMERICA, INC.:
ELECTRA-MECHANICAL OF AMERICA, INC. (EMA), HAS PROTESTED THE AWARD OF CONTRACT NO. 03C6103001 BY THE GENERAL SERVICES ADMINISTRATION (GSA) TO E.R. HITCHCOCK AND ASSOCIATES.
ON DECEMBER 30, 1975, WE RECEIVED A COPY OF A COMPLAINT FILED BY THE ATTORNEYS FOR EMA IN THE U.S. DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, REQUESTING, INTER ALIA, A PERMANENT INJUNCTION PREVENTING THE ADMINISTRATOR OF GSA FROM AWARDING THE CONTRACT TO HITCHCOCK AND REQUIRING THE ADMINISTRATOR TO MAKE AWARD TO EMA.
A PROTEST WILL NOT BE DECIDED BY THIS OFFICE WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS, EXPECTS OR OTHERWISE EXPRESSES INTEREST IN OUR DECISION. SEE SECTION 20.10, BID PROTEST PROCEDURES, 40 FED. REG. 17979 (1975). SINCE PLAINTIFF HAS NOT REQUESTED INJUNCTIVE RELIEF PENDING A DETERMINATION BY THIS OFFICE AND THE COURT HAS NOT OTHERWISE INDICATED ANY INTEREST IN OUR VIEWS, WE MUST REFUSE TO DECIDE THIS PROTEST.
ACCORDINGLY, THIS PROTEST IS DISMISSED.