[Protests of GSA Solicitation and Multiple Contract Awards]

B-212780,B-212780.2,B-212906.2: Dec 19, 1983

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Two firms protested a General Services Administration (GSA) contract award for the acquisition of titanium for the National Defense Stockpile. The first protester argued that GSA failed to include a Buy American Act clause in the solicitation. The second protester contended that: (1) GSA improperly awarded the contract while the protest was being considered by GAO; (2) the foreign bids that were received violated antidumping legislation; and (3) a higher duty level should have been calculated into bid evaluation. The bases of protest were the material issues in a suit which was pending before a court. GAO does not consider protests where the issues are part of an unresolved court action unless the court requests, expects, or otherwise expresses an interest in a decision. Since no such interest was expressed, GAO would not consider the matter. Accordingly, the protest was dismissed.