[Protest of Air Force Contract Award]

B-208348: Dec 20, 1982

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A firm protested an Air Force contract award for refrigeration equipment to be installed at an overseas air base. The protester contended that the awardee's bid should have been rejected as nonresponsive. In a district court, the firm requested a permanent injunction to end all contract performance and a judgment to declare the contract award invalid. The basis for this legal action was the same as was cited in the firm's protest to GAO. The court was advised of the pendency of the GAO protest and expressed an interest in an expedited GAO decision. However, the Air Force did not furnish a report in time for GAO to make a decision prior to the court's overruling the protester's motion for a preliminary injunction and dismissing the complaint with prejudice. GAO stated that the court's action constituted a final adjudication on the merits of this matter, barring further action by GAO. However, if the protester's request for a new trial is granted and the court should express an interest in a GAO decision, the matter could be reopened. Accordingly, the protest was dismissed.