B-194574.2, B-194574.3, B-194574.4, B-194574.5, JUN 21, 1979

B-194574.2,B-194574.3,B-194574.5,B-194574.4: Jun 21, 1979

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DIGEST: PROTESTS FILED IN GAO ARE DISMISSED WHERE PROTESTED MATTERS ARE BEFORE COURT OF COMPETENT JURISDICTION. THE GROUNDS PRESENTED AS THE BASES FOR THE COURT SUIT ARE ESSENTIALLY THE SAME AS THOSE PRESENTED TO THIS OFFICE IN SUPPORT OF THE PROTESTS. WE ARE ADVISED THAT THE PARTIES ARE PURSUING A FINAL ADJUDICATION ON THE MERITS IN THE DISTRICT COURT WHILE APPEALING THAT COURT'S DENIAL OF INJUNCTIVE RELIEF. IT IS THE POLICY OF OUR OFFICE NOT TO DECIDE PROTESTS WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS. PLAINTIFFS HAVE NOT BEEN GRANTED INJUNCTIVE RELIEF PENDING A DECISION BY THIS OFFICE AND THE DISTRICT COURT HAS NOT INDICATED ANY INTEREST IN OUR DECISION.

B-194574.2, B-194574.3, B-194574.4, B-194574.5, JUN 21, 1979

DIGEST: PROTESTS FILED IN GAO ARE DISMISSED WHERE PROTESTED MATTERS ARE BEFORE COURT OF COMPETENT JURISDICTION, PRELIMINARY INJUNCTION HAS BEEN DENIED AND COURT HAS NOT OTHERWISE INDICATED INTEREST IN GAO DECISION.

SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA; COVE SHIPPING, INC.; HUDSON WATERWAYS CORPORATION; ZAPATA TANKSHIPS, INC.:

SEAFARERS INTERNATIONAL UNION OF NORTH AMERICA, COVE SHIPPING, INC., HUDSON WATERWAYS CORPORATION, AND ZAPATA TANKSHIPS, INC., PROTEST THE AWARD OF TWO CONTRACTS TO TRINIDAD CORPORATION FOR THE OPERATION OF FIVE "T-5" AND FOUR "COLUMBIA CLASS" TANKER SHIPS. THE CONTRACTS RESULTED FROM REQUEST FOR PROPOSALS NOS. N000337R3001 AND N000337R3002, ISSUED BY THE DEPARTMENT OF THE NAVY, MILITARY SEALIFT COMMAND.

SEAFARERS, COVE, AND HUDSON JOINED BY MARINE ENGINEERS BENEFICIAL ASSOCIATION, WHOSE PROTEST WE HAD PREVIOUSLY DISMISSED FOR REASONS OF UNTIMELINESS (MARINE ENGINEERS BENEVOLENT ASSOCIATION, B-194574, APRIL 26, 1979, 79-1 CPD 292), FILED SUIT AGAINST THE NAVY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA, CIVIL NO. 79-1173. THE GROUNDS PRESENTED AS THE BASES FOR THE COURT SUIT ARE ESSENTIALLY THE SAME AS THOSE PRESENTED TO THIS OFFICE IN SUPPORT OF THE PROTESTS.

AFTER CONSIDERATION OF WRITTEN AND ORAL ARGUMENTS, THE COURT DENIED PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION. WE ARE ADVISED THAT THE PARTIES ARE PURSUING A FINAL ADJUDICATION ON THE MERITS IN THE DISTRICT COURT WHILE APPEALING THAT COURT'S DENIAL OF INJUNCTIVE RELIEF.

IT IS THE POLICY OF OUR OFFICE NOT TO DECIDE PROTESTS WHERE THE MATERIAL ISSUES ARE PENDING BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS, EXPECTS OR OTHERWISE EXPRESSES INTEREST IN OUR DECISION. 4 C.F.R. SEC. 20.10 (1978). PLAINTIFFS HAVE NOT BEEN GRANTED INJUNCTIVE RELIEF PENDING A DECISION BY THIS OFFICE AND THE DISTRICT COURT HAS NOT INDICATED ANY INTEREST IN OUR DECISION. THEREFORE, THESE PROTESTS ARE DISMISSED. MAYFAIR CONSTRUCTION COMPANY, B-194086, MAY 23, 1979, 79-1 CPD

ZAPATA, THOUGH NOT A PARTY TO THE COURT ACTIONS AGAINST THE NAVY, HAS RAISED THE SAME ISSUES IN ITS PROTEST TO OUR OFFICE. AS SUCH WE WILL NOT DECIDE THE PROTEST OF ZAPATA. 4 C.F.R. SEC. 20.10.