B-174911, FEB 14, 1972

B-174911: Feb 14, 1972

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WILL NOT RENDER A DECISION ON A PROTEST WHERE THE MATERIAL ISSUES ARE BEING LITIGATED IN A COURT OF COMPETENT JURISDICTION. 171782. INCORPORATED: FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 5. THE ENCLOSURE WITH YOUR LETTER SHOWS THAT THIS MATTER IS PRESENTLY PENDING IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON UNDER CIVIL ACTION FILE NO. 329-71C2. THAT THE ISSUES AND CONTENTIONS RAISED IN YOUR LETTER TO OUR OFFICE ARE PENDING BEFORE THE COURT. SINCE THE PROPRIETY OF THE AWARD IS PRESENTLY BEFORE THE DISTRICT COURT. WE ARE CLOSING OUR FILE ON THE PROTEST WITHOUT FURTHER ACTION. THIS IS CONSISTENT WITH THE POLICY OF OUR OFFICE NOT TO RENDER A DECISION ON A PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION IN A COURT OF COMPETENT JURISDICTION.

B-174911, FEB 14, 1972

BID PROTEST CONCERNING PROTEST OF PACIFIC COAST UTILITIES SERVICE, INC., AGAINST AWARD OF A CONTRACT COVERING JANITORIAL SERVICES AT THE PUGET SOUND NAVAL SHIPYARD, BREMERTON, WASHINGTON. THE COMP. GEN. WILL NOT RENDER A DECISION ON A PROTEST WHERE THE MATERIAL ISSUES ARE BEING LITIGATED IN A COURT OF COMPETENT JURISDICTION. 171782, JULY 19, 1971.

TO PACIFIC COAST UTILITIES SERVICE, INCORPORATED:

FURTHER REFERENCE IS MADE TO YOUR LETTER DATED JANUARY 5, 1972, WITH ENCLOSURES, PROTESTING THE AWARD OF CONTRACT NO. N00406-71-C-0414, COVERING JANITORIAL SERVICES AT THE PUGET SOUND NAVAL SHIPYARD, BREMERTON, WASHINGTON.

THE ENCLOSURE WITH YOUR LETTER SHOWS THAT THIS MATTER IS PRESENTLY PENDING IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON UNDER CIVIL ACTION FILE NO. 329-71C2. WE NOTE ALSO, THAT THE ISSUES AND CONTENTIONS RAISED IN YOUR LETTER TO OUR OFFICE ARE PENDING BEFORE THE COURT.

SINCE THE PROPRIETY OF THE AWARD IS PRESENTLY BEFORE THE DISTRICT COURT, WE ARE CLOSING OUR FILE ON THE PROTEST WITHOUT FURTHER ACTION. THIS IS CONSISTENT WITH THE POLICY OF OUR OFFICE NOT TO RENDER A DECISION ON A PROTEST WHERE THE MATERIAL ISSUES ARE ALSO INVOLVED IN LITIGATION IN A COURT OF COMPETENT JURISDICTION. SEE B-171782, JULY 19, 1971, 51 COMP. GEN. ; B-174307, NOVEMBER 18, 1971.