B-209804.2,L/M, APR 6, 1983, OFFICE OF GENERAL COUNSEL

B-209804.2,L/M: Apr 6, 1983

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1982 BECAUSE THE ISSUES RAISED IN THE PROTEST ALSO WERE THE SUBJECT OF A SUIT FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS. IT IS OUR POLICY NOT TO DECIDE MATTERS WHERE THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS OR EXPECTS A DECISION BY OUR OFFICE. 4 C.F.R. YOUR PRESENT REQUEST IS NOT BASED ON AN EXPRESSION OF INTEREST BY THE COURT. FINAL JUDGMENT WILL BE ENTERED FOR DEFENDANTS.". THE COURT ADVISES THAT FINAL JUDGMENT FOR THE DEFENDANT WAS ENTERED ON MARCH 30. WE WILL NOT REOPEN OUR FILE ON YOUR COMPLAINT. THE PROTEST IS DISMISSED.

B-209804.2,L/M, APR 6, 1983, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

STEPTOE & JOHNSON, COUNSEL FOR PERINI CORPORATION:

ATTENTION: ROBERT D. WALLICK, ESQ.

THIS RESPONDS TO YOUR MARCH 15, 1983 LETTER REQUESTING THAT WE RENEW OUR CONSIDERATION OF YOUR BID PROTEST AGAINST THE DEPARTMENT OF STATE'S AWARD OF A CONTRACT FOR BUILDING CONSTRUCTION IN CAIRO, EGYPT, TO KRAMICO, S.A.E.

WE CLOSED OUR FILE ON YOUR PROTEST ON DECEMBER 29, 1982 BECAUSE THE ISSUES RAISED IN THE PROTEST ALSO WERE THE SUBJECT OF A SUIT FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS, CIVIL ACTION NO. 82-3584-K. IT IS OUR POLICY NOT TO DECIDE MATTERS WHERE THE MATERIAL ISSUES ARE BEFORE A COURT OF COMPETENT JURISDICTION UNLESS THE COURT REQUESTS OR EXPECTS A DECISION BY OUR OFFICE. 4 C.F.R. SEC. 21.10 (1982). WE STATED IN OUR LETTER CLOSING THE FILE THAT WE WOULD REOPEN IT IF THE COURT EXPRESSED AN INTEREST IN OUR DECISION.

YOUR PRESENT REQUEST IS NOT BASED ON AN EXPRESSION OF INTEREST BY THE COURT, BUT ON THE COURT'S MARCH 4 ORDER STATING:

"UNLESS, ON OR BEFORE MARCH 22, 1983, PLAINTIFFS MAKE A PROFFER OF ADDITIONAL EVIDENCE TO SUPPORT THEIR POSITION OR SHOW GOOD CAUSE FOR AN EXTENSION OF TIME IN WHICH TO DO SO, FINAL JUDGMENT WILL BE ENTERED FOR DEFENDANTS."

A FINAL JUDGMENT, HOWEVER, BARS FURTHER ACTION BY THIS OFFICE. 4 C.F.R. SEC. 21.10; SEE BETHLEHEM STEEL CORPORATION, B-200954.2, MARCH 12, 1981, 81-1 CPD 191. THE COURT ADVISES THAT FINAL JUDGMENT FOR THE DEFENDANT WAS ENTERED ON MARCH 30, 1983.

UNDER THE CIRCUMSTANCES, WE WILL NOT REOPEN OUR FILE ON YOUR COMPLAINT. THE PROTEST IS DISMISSED.