Request for Review of EPA Decision Where Issue Involved Is Before Court of Competent Jurisdiction

The City of Philadelphia issued a bid for the general construction and mechanical work on the Northeast Water Pollution Control Plant, pursuant to a 75-percent construction grant from the Environmental Protection Agency (EPA). Sovereign Construction Company, Ltd. submitted the low bid, which the City rejected as unbalanced. Following Sovereign's request for a review, an EPA Regional Administrator ruled that the City had acted unreasonably and directed that the award be made to Sovereign. While the City requested that GAO review the EPA decision, Sovereign filed a civil action seeking an order from the U.S. District Court, Eastern District of Pennsylvania, for the City to award Sovereign the contract. GAO withheld judgment pending the outcome of the court case. The District Court upheld the City and the City renewed its request to GAO, but since Sovereign was now appealing to the Third Circuit Court of Appeals, GAO again refused to rule on the issue. When the Circuit Court sustained the lower court decision, and the Supreme Court denied certiorari, the City made the present protest, requesting that GAO review the matter. However, EPA has informed GAO that there were still several actions involving EPA and the City which were pending before the District Court. Since the material issue involved in the complaint was still subject to adjudication by the Court, GAO again declined to consider the matter and the protest was denied.